SLS 16RS-79 REENGROSSED 2016 Regular Session SENATE BILL NO. 18 BY SENATORS PEACOCK, BOUDREAUX, CORTEZ, LONG, MILKOVICH AND MIZELL RETIREMENT SYSTEMS. Provides for actuarial determinations and application of funds. (6/30/16) 1 AN ACT 2 To amend and reenact R.S. 11:102(B)(1), (2), (3)(introductory paragraph), (a), (b), (c), and 3 (d)(introductory paragraph), (i), (ii), (iii), and (iv), (4), and (5)(a) and (b), (C), and 4 (D), 102.1(B)(2)(b), (3)(a)(i), (4), (5), and (6) and (C)(2), (3)(a) and (c), (4), (5), and 5 (6), 102.2(B)(2)(a), (3)(a)(i), (4), and (5) and (C)(2), (3)(a) and (c), (4), (5), and (6), 6 102.3, 542(A), (B), (C), (E), and (F), 883.1(A), (B), (C), (E), and (F), 7 927(B)(2)(a)(introductory paragraph) and (i) and (b)(i) and (3)(a), 1145.1(A), (B), 8 (C), (D), and (E), and 1332(A), (B), (C), (D), (E), and (F), to enact R.S. 11:23, 9 102(E) and (F), 102.1(A)(4), (B)(3)(a)(iv), and (D), 102.2(A)(4), (B)(3)(a)(iv), and 10 (D), 102.4, 102.5, 102.6, 542(D) and 883.1(D), and to repeal R.S. 11 11:102(B)(3)(d)(v), (vi), (vii), and (viii), 542(G), 883.1(G) and (H), 1145.1(F), and 12 1332(G), to provide for actuarial determinations and application of retirement system 13 funds without allowing, authorizing, or granting benefit improvements; to provide 14 for the determination of required employer contributions and application of 15 investment earnings to certain debts and accounts; to prioritize excess return 16 allocations; to provide for an effective date; and to provide for related matters. 17 Notice of intention to introduce this Act has been published. Page 1 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 Be it enacted by the Legislature of Louisiana: 2 Section 1. R.S. 11:102(B)(1), (2), (3)(introductory paragraph), (a), (b), (c), and 3 (d)(introductory paragraph), (i), (ii), (iii), and (iv), (4), and (5)(a) and (b), (C), and (D), 4 102.1(B)(2)(b), (3)(a)(i), (4), (5), and (6) and (C)(2), (3)(a) and (c), (4), (5), and (6), 5 102.2(B)(2)(a), (3)(a)(i), (4), and (5) and (C)(2), (3)(a) and (c), (4), (5), and (6), 102.3, 6 542(A), (B), (C), (E), and (F), 883.1(A), (B), (C), (E), and (F), 927(B)(2)(a)(introductory 7 paragraph) and (i) and (b)(i) and (3)(a), 1145.1(A), (B), (C), (D), and (E), and 1332(A), (B), 8 (C), (D), (E), and (F) are hereby amended and reenacted and R.S. 11:23, 102(E) and (F), 9 102.1(A)(4), (B)(3)(a)(iv), and (D), 102.2(A)(4), (B)(3)(a)(iv), and (D), 102.4, 102.5, 102.6, 10 and 542(D), 883.1(D) are hereby enacted to read as follows: 11 §23. Funded percentage; state systems 12 Except as otherwise provided in this Title, "funded percentage" for each 13 state public retirement system shall mean the valuation assets used to determine 14 the actuarially required contributions pursuant to R.S. 11:102 divided by the 15 accrued liability of the system determined by utilizing the funding method 16 established in R.S. 11:22. 17 * * * 18 §102. Employer contributions; determination; state systems 19 * * * 20 B.(1) Except as provided in Subsection C of this Section for the Louisiana 21 State Employees' Retirement System and Subsection D of this Section for the 22 Teachers' Retirement System of Louisiana and except as provided in R.S. 11:102.1, 23 102.2, 102.3, 102.4, and 102.5 and in Paragraph (5) of this Subsection, for each 24 fiscal year, commencing with Fiscal Year 1989-1990, for each of the public 25 retirement systems referenced in Subsection A of this Section, the legislature shall 26 set the required employer contribution rate for each system or plan equal to the 27 actuarially required employer contribution, as determined under Paragraph (3) of this 28 Subsection pursuant to the provisions of this Section, divided by the total 29 projected payroll of all active members of each particular system or plan for the Page 2 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 fiscal year. Each entity funding a portion of a member's salary shall also fund the 2 employer's contribution on that portion of the member's salary at the employer 3 contribution rate specified in this Subsection Section. 4 (2)(a) At the end of each fiscal year, the difference between the actuarially 5 required employer contribution for the fiscal year, as determined under Paragraph 6 (3) of this Subsection or pursuant to Subsection C of this Section for the Louisiana 7 State Employees' Retirement System or Subsection D pursuant to the provisions 8 of this Section for the Teachers' Retirement System of Louisiana, and the amount of 9 employer contributions actually received for the fiscal year, excluding any amounts 10 received for the extraordinary purchase of additional benefits or service, shall be 11 determined. 12 (b) If the amount of employer contributions received for the fiscal year is less 13 than the actuarially required employer contribution for the fiscal year, due to the 14 failure of the legislature to appropriate funds at the required employer contribution 15 rate, the difference shall be paid by the state treasurer from the state general fund 16 upon warrant from the governing authority of the retirement system. 17 (c) At the end of each fiscal year, the difference between the minimum 18 employer contribution, as required by the Constitution of Louisiana, and the 19 actuarially required employer contribution for the fiscal year, as determined under 20 Paragraph (3) of this Subsection or pursuant to Subsection C of this Section for the 21 Louisiana State Employees' Retirement System or Subsection D pursuant to the 22 provisions of this Section for the Teachers' Retirement System of Louisiana, shall 23 be determined and applied in accordance with the following provisions: 24 (i) The amount, if any, by which the actuarially required contribution for a 25 system exceeds the constitutionally required minimum contribution for that system 26 shall be accumulated in an employer credit account which shall be adjusted annually 27 to reflect any gain or loss attributable to the balance in the account at the actuarial 28 rate of return earned by the system. 29 (ii) Except as provided in Paragraph (5) of this Subsection, annual Page 3 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 contributions required in accordance with this Subsection Section, or the 2 constitutional minimum if greater, may be funded in whole or in part from the 3 employer credit account, provided the employee contribution rate or rates for the 4 system as set forth in R.S. 11:62 has or have been reduced to an amount equal to or 5 less than fifty percent of the annual normal cost for the system or the plan as 6 provided in Subsection C or D of this Section, rounded to the nearest one-quarter 7 percent. 8 (iii) For purposes of implementing Act No. 1331 of the 1999 Regular Session 9 of the Legislature, the balance of the Employer Credit Account applicable to the 10 Louisiana School Employees' Retirement System as of June 30, 1999, shall be fifty- 11 six million seven hundred fifty-four thousand four hundred five dollars. 12 (d) Except as provided in R.S. 11:102.1 and 102.2, differences occurring for 13 any other reason shall be added to or subtracted from the following fiscal year's 14 actuarially required employer contribution in accordance with Subparagraph (3)(c) 15 of this Subsection or with Subsection C of this Section for the Louisiana State 16 Employees' Retirement System or Subsection D the provisions of this Section for 17 the Teachers' Retirement System of Louisiana. 18 (3) With respect to each state public retirement system, the actuarially 19 required employer contribution for each fiscal year, commencing with Fiscal Year 20 1989-1990, shall be that dollar amount equal to the sum of: 21 (a) The employer's normal cost for that fiscal year, computed as of the first 22 of the fiscal year using the system's actuarial funding method as specified in 23 R.S. 11:22 and taking into account the value of future accumulated employee 24 contributions and interest thereon, such employer's normal cost rate multiplied by the 25 total projected payroll for all active members to the middle of that fiscal year. For 26 the Louisiana State Employees' Retirement System, effective for the June 30, 2010, 27 2010 system valuation and beginning with Fiscal Year 2011-2012, the normal cost 28 shall be determined in accordance with Subsection C of this Section. For the 29 Teachers' Retirement System of Louisiana, effective for the June 30, 2011, 2011 Page 4 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 system valuation and beginning with Fiscal Year 2012-2013, the normal cost shall 2 be determined in accordance with Subsection D of this Section. 3 (b) That fiscal year's payment, computed as of the first of that fiscal year and 4 projected to the middle of that fiscal year at the actuarially-assumed actuarially 5 assumed interest rate, taking into account consolidation with other amortization 6 bases, if any, as provided in R.S. 11:42, 102.1, and 102.2, and using the system's 7 amortization method specified in R.S. 11:42, necessary to amortize the unfunded 8 accrued liability as of June 30, 1988, such unfunded accrued liability computed using 9 the system's actuarial funding method as specified in R.S. 11:22. 10 (c) Except as provided in R.S. 11:102.1 and 102.2, that fiscal year's payment, 11 computed as of the first of that fiscal year and projected to the middle of that fiscal 12 year at the actuarially-assumed actuarially assumed interest rate, necessary to 13 amortize the prior year's over or underpayment as a level dollar amount over a period 14 of five years. 15 (d) That fiscal year's payment, computed as of the first of that fiscal year and 16 projected to the middle of that fiscal year at the actuarially assumed interest rate, 17 necessary to amortize changes in actuarial liability due to: 18 (i) Except as provided in Items (v), (vi), (vii), and (viii) of this Subparagraph, 19 actuarial Actuarial gains and losses, if appropriate for the funding method used by 20 the system as specified in R.S. 11:22, for each fiscal year beginning after June 30, 21 1988, such payments to be computed as an amount forming an annuity increasing at 22 four and one-half percent annually over the later of a period of fifteen years from the 23 year of occurrence or by the year 2029, such gains and losses to include any 24 increases in actuarial liability due to governing authority granted cost-of-living 25 increases provided in Subsection C, D, E, or F of this Section. 26 (ii) Except as provided in Items (v), (vi), (vii), and (viii) of this 27 Subparagraph, changes Changes in the method of valuing of assets, such payments 28 to be computed as an amount forming an annuity increasing at four and one-half 29 percent annually over the later of a period of fifteen years from the year of Page 5 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 occurrence of the change or by the year 2029 provided in Subsection C, D, E, or 2 F of this Section. 3 (iii) Except as provided in Items (v), (vi), (vii), and (viii) of this 4 Subparagraph, changes Changes in actuarial assumptions or actuarial funding 5 methods, excluding changes in methods of valuing of assets, such payments to be 6 computed as an amount forming an annuity increasing at four and one-half percent 7 annually over the later of a period of thirty years from the year of occurrence of the 8 change or by the year 2029 provided in Subsection C, D, E, or F of this Section. 9 (iv) Except as provided in Items (v), (vi), (vii), and (viii) of this 10 Subparagraph, changes Changes in actuarial accrued liability, computed using the 11 actuarial funding method as specified in R.S. 11:22, due to legislation changing plan 12 provisions, such payments to be computed in the manner and over the time period 13 specified in the legislation creating the change or, if not specified in such legislation, 14 as an amount forming an annuity increasing at four and one-half percent annually 15 over the later of a period of fifteen years from the year of occurrence of the change 16 or by the year 2029 provided in Subsection C, D, E, or F of this Section. 17 (4) At the end of the fiscal year during which the assets of a system, 18 excluding the outstanding balance due to Subparagraph (B)(3)(c) of this Section, 19 exceed the actuarial accrued liability of that system, the amortization schedules 20 contained in calculated pursuant to Subparagraphs (B)(3)(b) and (d) or in and 21 Subsection C, D, E, or F of this Section for the Louisiana State Employees' 22 Retirement System or Subsection D of this Section for the Teachers' Retirement 23 System of Louisiana shall be fully liquidated and assets in excess of the actuarial 24 accrued liability shall be amortized as a credit in accordance with the provisions of 25 Subparagraph (B)(3)(d) and Subsection C, D, E, or F of this Section. 26 (5)(a) Notwithstanding the provisions any other provision of this Section to 27 the contrary, the gross employer contribution rate for the Louisiana State 28 Employees' Retirement System and the Teachers' Retirement System of Louisiana 29 shall not be less than fifteen and one-half percent per year until such time as the Page 6 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 unfunded accrued liability that existed on June 30, 2004, is fully funded. 2 (b) At the end of each fiscal year, the difference, if any, by which the amount 3 of contributions received from payment of all employer contributions at the fixed 4 minimum employer contribution rate established pursuant to this Paragraph exceeds 5 the greater of the minimum employer contribution required by Article X, Section 29 6 of the Constitution of Louisiana or the statutory minimum employer contribution 7 calculated according to the methodology provided for in Items (3)(d)(i) through (iv) 8 Subparagraph (3)(d) of this Subsection or in Paragraph (C)(4) Subsection C or D 9 of this Section for the Louisiana State Employees' Retirement System or Paragraph 10 (D)(4) of this Section for the Teachers' Retirement System of Louisiana shall be 11 accumulated in an employer credit account for the respective system. 12 * * * 13 C.(1) This The provisions of this Subsection shall apply to the Louisiana 14 State Employees' Retirement System. 15 (2)(a) Except as provided in Subparagraph (b) of this Paragraph and in 16 R.S. 11:102.5, effective July 1, 2004, and beginning with Fiscal Year 1998-1999, 17 the amortization period for the changes, gains, or losses of the system provided 18 in Items (B)(3)(d)(i) through (iv) of this Section shall be thirty years from the 19 year in which the change, gain, or loss occurred. The outstanding balances of 20 amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of this 21 Section before Fiscal Year 1998-1999, shall be amortized as a level-dollar 22 amount from July 1, 2004, through June 30, 2029. Beginning with Fiscal Year 23 2003-2004, and for each fiscal year thereafter, the outstanding balances of 24 amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of this 25 Section shall be amortized as a level-dollar amount. Effective for the June 30, 26 2010 system valuation and beginning with Fiscal Year 2011-2012, amortization 27 payments for changes in actuarial liability shall be determined in accordance 28 with this Subsection. 29 (b) Notwithstanding the provisions of Subparagraph (a) of this Page 7 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 Paragraph, effective for the June thirtieth valuation following the fiscal year in 2 which the system first attains a funded percentage of seventy or more pursuant 3 to R.S. 11:542 and for every year thereafter, the amortization period for the 4 changes, gains, or losses of the system provided in Items (B)(3)(d)(i) through (iv) 5 of this Section occurring in that year or thereafter shall be twenty years from 6 the year in which the change, gain, or loss occurred. 7 (c) Effective for the first system valuation following June 30, 2015, in 8 which an allocation is made to the system's experience account and for each 9 valuation thereafter, actuarial gains allocated to the experience account shall 10 be amortized as a loss with level payments over a ten-year period. 11 (3) The provisions of this Paragraph and Paragraphs (4) through (9) of 12 this Subsection shall be applicable to the Louisiana State Employees' Retirement 13 System effective for the June 30, 2010, 2010 system valuation and beginning Fiscal 14 Year 2011-2012. For purposes of this Subsection, "plan" or "plans" shall mean a 15 subgroup within the system characterized by the following employee classifications: 16 (a) Rank-and-file members of the system. 17 (b) Full-time law enforcement personnel, supervisors, or administrators who 18 are employed with the Department of Revenue or office of alcohol and tobacco 19 control and who are P.O.S.T. certified, have the power to arrest, and hold a 20 commission from such office. 21 (c) Peace officers, as defined by R.S. 40:2402(3)(a), employed by the 22 Department of Public Safety and Corrections, office of state police, other than state 23 troopers. 24 (d) Judges and court officers to whom Subpart A of Part VII of Chapter 1 of 25 Subtitle II of this Title is applicable. 26 (e) Wildlife agents to whom Subpart B of Part VII of Chapter 1 of Subtitle 27 II of this Title is applicable. 28 (f) Wardens, correctional officers, probation and parole officers, and security 29 personnel employed by the Department of Public Safety and Corrections who are Page 8 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 members of the secondary component pursuant to Subpart C of Part VII of Chapter 2 1 of Subtitle II of this Title. 3 (g) Correctional officers, probation and parole officers, and security 4 personnel employed by the Department of Public Safety and Corrections who are 5 members of the primary component. 6 (h) Legislators, the governor, and the lieutenant governor. 7 (i) Employees of the bridge police section of the Crescent City Connection 8 Division of the Department of Transportation and Development. 9 (j) Hazardous duty plan members as provided pursuant to R.S. 11:611 et seq. 10 (k) Judges as provided pursuant to R.S. 11:62(5)(a)(iii) and 444(A)(1)(a)(ii). 11 (l) Harbor Police Retirement Plan members as provided pursuant to R.S. 12 11:631. 13 (m) Any other specialty retirement plan provided for a subgroup of system 14 members. If the legislation enacting such a plan is silent as to the application of this 15 Subsection, the Public Retirement Systems' Actuarial Committee shall provide for 16 the application to such plan. 17 (2)(4) For the Louisiana State Employees' Retirement System, effective 18 Effective for the June 30, 2010, 2010 system valuation and beginning with Fiscal 19 Year 2011-2012, the normal cost calculated pursuant to Subparagraph (B)(3)(a) of 20 this Section, shall be calculated separately for each particular plan within the system. 21 An employer shall pay employer contributions for each employee at the rate 22 applicable to the plan of which that employee is a member. 23 (3)(5) For the Louisiana State Employees' Retirement System, effective 24 Effective for the June 30, 2010, 2010 system valuation and beginning with Fiscal 25 Year 2011-2012, changes in actuarial liability due to legislation, changes in 26 governmental organization, or reclassification of employees or positions shall be 27 calculated individually for each particular plan within the system based on each 28 plan's actuarial experience as further provided in Subparagraph (4)(c) (6)(c) of this 29 Subsection. Page 9 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 (4)(6) For each plan referenced in Paragraph (1) (3) of this Subsection, the 2 legislature shall set the required employer contribution rate equal to the sum of the 3 following: 4 (a) The particularized normal cost rate. The normal cost rate for each fiscal 5 year shall be the employer's normal cost for the plan computed by applying the 6 method specified in R.S. 11:102(B)(1) and (3)(a) to the plan. 7 (b) The shared unfunded accrued liability rate. (i) Except as provided in Item 8 (ii) of this Subparagraph, a single rate shall be computed for each fiscal year, 9 applicable to all plans for actuarial changes, gains, and losses existing on June 30, 10 2010, or occurring thereafter, including experience and investment gains and losses, 11 which are independent of the existence of the plans listed in Paragraph (1) (3) of this 12 Subsection, the payment and rate therefor shall be calculated as provided in this 13 Subsection and Paragraphs (B)(1) and (3) of this Section. 14 (ii) The shared unfunded accrued liability rate applicable to the Harbor Police 15 Retirement System shall not include any unfunded accrued liability incurred on or 16 before July 1, 2015, until the earlier of: 17 (aa) July 1, 2022. 18 (bb) The date that all sums payable by the Port of New Orleans to the board 19 of trustees of the Louisiana State Employees' Retirement System pursuant to the 20 terms and conditions of a cooperative endeavor agreement between the board of 21 trustees of the Louisiana State Employees' Retirement System, the board of 22 commissioners of the Port of New Orleans, and the board of trustees of the Harbor 23 Police Retirement System regarding the merger of the Harbor Police Retirement 24 System into the Louisiana State Employees' Retirement System have been paid in 25 full. 26 (c) The particularized unfunded accrued liability rate. For actuarial changes, 27 gains, and losses, excluding experience and investment gains and losses, first 28 recognized in the June 30, 2010, 2010 valuation or in any later valuation, attributable 29 to one or more, but not all, plans listed in Paragraph (1) (3) of this Subsection or to Page 10 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 some new plan or plans, created, implemented, or enacted after July 1, 2010, a 2 particularized contribution rate shall be calculated as provided in this Subsection 3 and Paragraphs (B)(1) and (3) of this Section. 4 (d) The shared gross employer contribution rate difference. The gross 5 employer contribution rate difference shall be the difference between the minimum 6 gross employer contribution rate provided in Paragraph (B)(5) of this Section and the 7 aggregate employer contribution rate calculated pursuant to the provisions of 8 Subsection B of this Section. 9 (5)(7) Each entity funding a portion of the member's salary shall also fund the 10 employer's contribution on that portion of the member's salary at the employer 11 contribution rate specified in this Subsection. 12 (6)(8) For purposes of Paragraph (B)(2) of this Section the actuarially 13 required employer contributions and the employer contributions actually received for 14 all plans shall be totaled and treated as a single contribution. 15 (7)(9) If provisions of this Section cover matters not specifically addressed 16 by the provisions of this Subsection, then those provisions shall be applicable. 17 D.(1) This The provisions of this Subsection shall apply to the Teachers' 18 Retirement System of Louisiana. 19 (2)(a) Except as provided in Subparagraph (b) of this Paragraph and in 20 R.S. 11:102.5, effective July 1, 2004, and beginning with Fiscal Year 2000-2001, 21 the amortization period for the changes, gains, or losses of the system provided 22 in Items (B)(3)(d)(i) through (iv) of this Section shall be thirty years from the 23 year in which the change, gain, or loss occurred. The outstanding balances of 24 amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of this 25 Section before Fiscal Year 2000-2001, shall be amortized as a level-dollar 26 amount from July 1, 2004, through June 30, 2029. Beginning with Fiscal Year 27 2003-2004, and for each fiscal year thereafter, the outstanding balances of 28 amortization bases established pursuant to Items (B)(3)(d)(i) through (iv) of this 29 Section shall be amortized as a level-dollar amount. Effective for the June 30, Page 11 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 2011 system valuation and beginning with Fiscal Year 2012-2013, amortization 2 payments for changes in actuarial liability shall be determined in accordance 3 with this Subsection. 4 (b) Notwithstanding the provisions of Subparagraph (a) of this 5 Paragraph, effective for the June thirtieth valuation following the fiscal year in 6 which the system first attains a funded percentage of seventy or more pursuant 7 to R.S. 11:883.1 and for every year thereafter, the amortization period for the 8 changes, gains, or losses of the system provided in Items (B)(3)(d)(i) through (iv) 9 of this Section occurring in that year or thereafter shall be twenty years from 10 the year in which the change, gain, or loss occurred. 11 (c) Effective for the first system valuation following June 30, 2015, in 12 which an allocation is made to the system's experience account and for each 13 valuation thereafter, actuarial gains allocated to the experience account shall 14 be amortized as a loss with level payments over a ten-year period. 15 (3) The provisions of this Paragraph and Paragraphs (4) through (9) of 16 this Subsection shall be applicable to the Teachers' Retirement System of Louisiana 17 effective for the June 30, 2011, 2011 system valuation and beginning Fiscal Year 18 2012-2013. For purposes of this Subsection, "plan" or "plans" shall mean a subgroup 19 within the system characterized by the following employee classifications: 20 (a) School lunch Plan A. 21 (b) School lunch Plan B. 22 (c) Employees of an institution of postsecondary education, the Board of 23 Regents, or a postsecondary education management board who are not employed for 24 the sole purpose of providing instruction or administrative services at the primary or 25 secondary level, including at any lab school and the Louisiana School for Math, 26 Science, and the Arts. 27 (d)(b) Any other specialty retirement plan provided for a subgroup of system 28 members. If the legislation enacting such a plan is silent as to the application of this 29 Subsection, the Public Retirement Systems' Actuarial Committee shall provide for Page 12 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 the application to such plan. 2 (e)(c) All other teachers, as defined in R.S. 11:701(33), including members 3 paid from school food service funds as provided in R.S. 11:801 and 811. 4 (2)(4) For the Teachers' Retirement System of Louisiana, effective Effective 5 for the June 30, 2011, 2011 system valuation and beginning with Fiscal Year 2012- 6 2013, the normal cost calculated pursuant to Subparagraph (B)(3)(a) of this Section, 7 shall be calculated separately for each particular plan within the system. An 8 employer shall pay employer contributions for each employee at the rate applicable 9 to the plan of which that employee is a member. 10 (3)(5) For the Teachers' Retirement System of Louisiana, effective Effective 11 for the June 30, 2011, 2011 system valuation and beginning with Fiscal Year 12 2012-2013, changes in actuarial liability due to legislation, changes in governmental 13 organization, or reclassification of employees or positions shall be calculated 14 individually for each particular plan within the system based on each plan's actuarial 15 experience as further provided in Subparagraph (4)(c) (6)(c) of this Subsection. 16 (4)(6) For each plan referenced in Paragraph (1) (3) of this Subsection, the 17 legislature shall set the required employer contribution rate equal to the sum of the 18 following: 19 (a) The particularized normal cost rate. The normal cost rate for each fiscal 20 year shall be the employer's normal cost for employees in the plan computed by 21 applying the method specified in Paragraph (B)(1) and Subparagraph (B)(3)(a) of 22 this Section to the plan. 23 (b) The shared unfunded accrued liability rate. A single rate shall be 24 computed for each fiscal year, applicable to all plans for actuarial changes, gains, and 25 losses existing on June 30, 2011, or occurring thereafter, including experience and 26 investment gains and losses, which are independent of the existence of the plans 27 listed in Paragraph (1) (3) of this Subsection, the payment and rate therefor shall be 28 calculated as provided in this Subsection and Paragraphs (B)(1) and (3) of this 29 Section. Page 13 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 (c) The particularized unfunded accrued liability rate. For actuarial changes, 2 gains, and losses, excluding experience and investment gains and losses, first 3 recognized in the June 30, 2011, 2011 valuation or in any later valuation, attributable 4 to one or more, but not all, plans listed in Paragraph (1) (3) of this Subsection or to 5 some new plan or plans, created, implemented, or enacted after July 1, 2011, a 6 particularized contribution rate shall be calculated as provided in this Subsection 7 and Paragraphs (B)(1) and (3) of this Section. 8 (d) The shared gross employer contribution rate difference. The gross 9 employer contribution rate difference shall be the difference between the minimum 10 gross employer contribution rate provided in Paragraph (B)(5) of this Section and the 11 aggregate employer contribution rate calculated pursuant to the provisions of 12 Subsection B of this Section. 13 (5)(7) Each entity funding a portion of the member's salary shall also fund the 14 employer's contribution on that portion of the member's salary at the employer 15 contribution rate specified in this Subsection. 16 (6)(8) For purposes of Paragraph (B)(2) of this Section the actuarially 17 required employer contributions and the employer contributions actually received for 18 all plans shall be totaled and treated as a single contribution. 19 (7)(9) If provisions of this Section cover matters not specifically addressed 20 by the provisions of this Subsection, then those provisions shall be applicable. 21 E.(1) Except as provided in Paragraphs (2) and (3) of this Subsection and 22 in R.S. 11:102.5, effective July 1, 2004, and beginning with Fiscal Year 23 2000-2001, the amortization period for the changes, gains, or losses of the 24 Louisiana School Employees' Retirement System provided in Items (B)(3)(d)(i) 25 through (iv) of this Section shall be thirty years from the year in which the 26 change, gain, or loss occurred. The outstanding balances of amortization bases 27 established pursuant to Items (B)(3)(d)(i) through (iv) of this Section before 28 Fiscal Year 2000-2001, shall be amortized as a level-dollar amount from July 1, 29 2004, through June 30, 2029. Beginning with Fiscal Year 2003-2004, and for Page 14 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 each fiscal year thereafter, the outstanding balances of amortization bases 2 established pursuant to Items (B)(3)(d)(i) through (iv) of this Section shall be 3 amortized as a level-dollar amount. 4 (2)(a) All outstanding amortization bases in existence on June 30, 2014, 5 including outstanding balances established pursuant to Subparagraph (B)(3)(c) 6 of this Section, shall be consolidated and reamortized over the period ending 7 June 30, 2044, with level-dollar payments, effective with the June 30, 2014 8 valuation. This Paragraph shall not apply to amortization bases established 9 after June 30, 2014. 10 (b) After payment of a permanent benefit increase pursuant to the 11 provisions of R.S. 11:1145.1, the unused portion of the June 30, 2013 experience 12 account balance shall be credited in an amortization conversion account from 13 which annual contributions required pursuant to Subparagraph (a) of this 14 Paragraph shall be funded in whole or in part for the years July 1, 2014, 15 through June 30, 2019. Effective June 30, 2019, all funds remaining in the 16 amortization conversion account shall be amortized as a gain in accordance 17 with the provisions of this Subsection. 18 (3) Notwithstanding the provisions of Paragraph (1) of this Subsection, 19 effective for the June thirtieth valuation following the fiscal year in which the 20 system first attains a funded percentage of seventy-two or more pursuant to 21 R.S. 11:1145.1 and for every year thereafter, the amortization period for the 22 changes, gains, or losses of the system provided in Items (B)(3)(d)(i) through (iv) 23 of this Section occurring in that year or thereafter shall be twenty years from 24 the year in which the change, gain, or loss occurred. 25 (4) Effective for the first system valuation following June 30, 2015, in 26 which an allocation is made to the system's experience account and for each 27 valuation thereafter, actuarial gains allocated to the experience account shall 28 be amortized as a loss with level payments over a ten-year period. 29 F.(1) Except as provided in Paragraph (2) of this Subsection and in R.S. Page 15 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 11:102.5, effective July 1, 2009, and beginning with Fiscal Year 1992-1993, the 2 amortization period for the changes, gains, or losses of the Louisiana State 3 Police Retirement System provided in Items (B)(3)(d)(i) through (iv) of this 4 Section shall be thirty years from the year in which the change, gain, or loss 5 occurred. The outstanding balances of amortization bases established pursuant 6 to Items (B)(3)(d)(i) through (iv) of this Section before Fiscal Year 2008-2009 7 shall be amortized as a level-dollar amount from July 1, 2009, through June 30, 8 2029. Beginning with Fiscal Year 2008-2009, and for each fiscal year thereafter, 9 the outstanding balances of amortization bases established pursuant to Items 10 (B)(3)(d)(i) through (iv) of this Section shall be amortized as a level-dollar 11 amount. 12 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, 13 effective for the June thirtieth valuation following the fiscal year in which the 14 system first attains a funded percentage of seventy or more pursuant to R.S. 15 11:1332 and for every year thereafter, the amortization period for the changes, 16 gains, or losses of the system provided in Items (B)(3)(d)(i) through (iv) of this 17 Section occurring in that year or thereafter shall be twenty years from the year 18 in which the change, gain, or loss occurred. 19 (3) Effective for the first system valuation following June 30, 2015, in 20 which an allocation is made to the system's experience account and for each 21 valuation thereafter, actuarial gains allocated to the experience account shall 22 be amortized as a loss with level payments over a ten-year period. 23 §102.1. Consolidation of amortization Amortization payment schedules; priority 24 excess return allocations; Louisiana State Employees' Retirement 25 System 26 A. * * * 27 (4) For purposes of this Section, the following shall apply: 28 (a) "Primary priority amount" shall mean the maximum amount of 29 system returns in excess of the system's actuarially assumed rate of return that Page 16 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 may be applied to the original amortization base, regardless of whether actual 2 returns that equal or exceed the maximum are available, and shall equal: 3 (i) For the June 30, 2015 valuation, fifty million dollars. 4 (ii) For each valuation thereafter, the prior year's primary priority 5 amount increased by the percentage increase in the system's actuarial value of 6 assets for the prior year, if any. 7 (b) "Primary allocation" shall mean the actual returns available for 8 application to the original amortization base. 9 (c) "Secondary priority amount" shall mean the maximum amount of 10 system returns in excess of the system's actuarially assumed rate of return that 11 may be applied to the experience account amortization base, regardless of 12 whether actual returns that equal or exceed the maximum are available, and 13 shall equal: 14 (i) For the June 30, 2015 valuation, fifty million dollars. 15 (ii) For each valuation thereafter, before the original amortization base 16 is liquidated, the prior year's secondary priority amount increased by the 17 percentage increase in the system's actuarial value of assets for the prior year, 18 if any. 19 (iii) For the valuation in which the original amortization base is 20 liquidated, that year's secondary priority amount calculated pursuant to Item 21 (ii) of this Subparagraph plus any money from that year's primary priority 22 amount remaining after liquidation of the original amortization base. 23 (iv) For the first valuation after the original amortization base is 24 liquidated, the portion of the prior year's primary priority amount that was 25 necessary to liquidate the original amortization base plus the prior year's 26 secondary priority amount, both increased by the percentage increase in the 27 system's actuarial value of assets for the prior year, if any. 28 (v) For the second valuation after the original amortization base is 29 liquidated and for each valuation thereafter, the prior year's secondary priority Page 17 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 amount increased by the percentage increase in the system's actuarial value of 2 assets for the prior year, if any. 3 (d) "Secondary allocation" shall mean the actual returns available for 4 application to the experience account amortization base. 5 (e) "Residual priority amount" shall mean the maximum amount of 6 system returns in excess of the system's actuarially assumed rate of return that 7 may be applied to the oldest outstanding positive amortization base after 8 liquidation of the experience account amortization base, regardless of whether 9 actual returns that equal or exceed the maximum are available, and shall equal: 10 (i) For the valuation in which the experience account amortization base 11 is liquidated, the money from that year's secondary allocation remaining after 12 liquidation of the experience account amortization base, if any. 13 (ii) For the first valuation after the experience account amortization base 14 is liquidated, the prior year's secondary priority amount, increased by the 15 percentage increase in the system's actuarial value of assets for the prior year, 16 if any. 17 (iii) For the second valuation after the experience account amortization 18 base is liquidated and for each valuation thereafter, the prior year's residual 19 priority amount increased by the percentage increase in the system's actuarial 20 value of assets for the prior year, if any. 21 (f) "Residual allocation" shall mean the actual returns available for 22 application to the oldest outstanding positive amortization base after liquidation 23 of the experience account amortization base. 24 (g) In no event shall the total of one year's priority amounts be less than 25 the total of the previous year's priority amounts. 26 (h) Notwithstanding the provisions of Subparagraph (i) of this 27 Paragraph, effective for the June thirtieth valuation following the fiscal year in 28 which the system first attains a funded percentage of eighty or more pursuant 29 to R.S. 11:542 and for each valuation thereafter, the net remaining liability of Page 18 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 the amortization base to which the funds are applied shall be reamortized with 2 annual level-dollar payments calculated as provided in R.S. 11:102 over the 3 remainder of the amortization period originally established for that 4 amortization base. 5 (i) Beginning with Fiscal Year 2019-2020 and every fifth fiscal year 6 thereafter, the remaining liability net of all payments made since the last 7 reamortization shall be reamortized over the remainder of the amortization 8 period originally established for that amortization base with annual payments 9 calculated as provided for in this Section. 10 (j) Except as provided in Subparagraphs (h) and (i) of this Paragraph 11 and in Item (B)(3)(a)(iv) of this Section, the net remaining liability of the 12 amortization base to which the funds are applied shall not be reamortized after 13 such application. 14 B. Original amortization base. 15 * * * 16 (2)(a) * * * 17 (b) The balance in this account as of June 30, 2008, exclusive of any 18 subaccount balance, shall be credited with interest at the system's actuarially- 19 assumed actuarially assumed interest rate until the funds in the account are applied 20 as provided in this Subsection. 21 (3)(a) This consolidated amortization base shall be known as the "original 22 amortization base" and shall be amortized with annual payments calculated as 23 follows: 24 (i) For Fiscal Year 2010-2011, the projected payment shall be the amount 25 specified in the June 30, 2009 system valuation adopted by the Public Retirement 26 Systems' Actuarial Committee pursuant to R.S. 11:127. The actuarially-required 27 actuarially required contribution shall be determined in accordance with the 28 provisions of R.S. 11:102 in the June 30, 2010 system valuation adopted by the 29 committee. Page 19 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 * * * 2 (iv) Notwithstanding any provision of this Section to the contrary, the net 3 remaining liability shall be reamortized over the remainder of the amortization 4 period ending in 2029 in the first valuation after Fiscal Year 2019-2020 for 5 which this reamortization results in annual level-dollar payments that do not 6 exceed the payment otherwise required for that year's valuation. 7 * * * 8 (4)(a) Except as provided in Paragraph (6) of this Subsection, in any year in 9 which the system exceeds its actuarially-assumed actuarially assumed rate of 10 return, the excess returns, up to the first fifty million for the June 30, 2015, valuation, 11 the primary allocation shall be applied to the remaining balance of the original 12 amortization base established in this Subsection. The maximum amount of excess 13 returns to be applied in any subsequent year pursuant to the provisions of this 14 Subparagraph shall equal the prior year's maximum amount increased by the 15 percentage increase in the system's actuarial value of assets for the preceding year, 16 if any. 17 (b) For any payment made pursuant to the provisions of this Paragraph, if the 18 system is eighty-five percent funded or greater prior to the application of the funds, 19 the net remaining liability shall be reamortized over the remaining amortization 20 period with annual payments calculated as provided in this Subsection or as 21 otherwise provided by law; if the system is less than eighty-five percent funded prior 22 to application of the funds, the net remaining liability shall not be reamortized after 23 such application. 24 (5) Notwithstanding the provisions of R.S. 11:102(B)(3)(c) and (5) or any 25 other provision of law to the contrary, in any year through Fiscal Year 2016-2017 in 26 which the system receives an overpayment of employer contributions as determined 27 pursuant to R.S. 11:102(B)(2) and in any year through Fiscal Year 2016-2017 in 28 which the system receives additional contributions pursuant to R.S. 11:102(B)(5), 29 the amount of such overpayment or additional contribution shall be applied to the Page 20 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 remaining balance of the original amortization base established pursuant to this 2 Subsection. For any payment made pursuant to the provisions of this Paragraph, if 3 the system is eighty-five percent funded or greater prior to the application of the 4 funds, the net remaining liability shall be reamortized over the remaining 5 amortization period with annual payments calculated as provided in this Subsection 6 or as otherwise provided by law; if the system is less than eighty-five percent funded 7 prior to application of the funds, the net remaining liability shall not be reamortized 8 after such application. 9 (6) For the June 30, 2014, 2014 valuation, if the system exceeds its 10 actuarially-assumed actuarially assumed rate of return, the excess returns, up to the 11 first twenty-five million dollars, shall be applied to the remaining balance of the 12 original amortization base established in this Subsection, without reamortization of 13 such base. 14 C. Experience account amortization base. 15 * * * 16 (2) To this shall be applied the balance in the experience account or the 17 balance in the subaccount of the Texaco Account created pursuant to R.S. 18 11:542(A)(1)(b)(iii). 19 (3) This consolidated amortization base shall be known as the "experience 20 account amortization base" and shall be amortized with annual payments over a 21 thirty-year period beginning in Fiscal Year 2010-2011 as follows: 22 (a) For Fiscal Year 2010-2011, the projected payment shall be the amount 23 specified in the June 30, 2009 system valuation adopted by the Public Retirement 24 Systems' Actuarial Committee pursuant to R.S. 11:127. The actuarially-required 25 actuarially required contribution shall be determined in accordance with the 26 provisions of R.S. 11:102 in the June 30, 2010 system valuation adopted by the 27 committee. 28 * * * 29 (c) Beginning in Fiscal Year 2018-2019, the outstanding balance shall be Page 21 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 amortized over the remaining period with annual level dollar level-dollar payments. 2 (4)(a) Except as provided in Paragraph (6) of this Subsection, in any year 3 before the liquidation of the original amortization base in which the excess 4 returns of the system exceed the primary priority amount applied to the Original 5 Amortization Base pursuant to Subparagraph (B)(4)(a) of this Section, the remaining 6 excess returns, up to the next fifty million dollars for the June 30, 2015, valuation, 7 the secondary allocation shall be applied to the experience account amortization 8 base established in this Subsection. The maximum amount of excess returns to be 9 applied in any subsequent year pursuant to the provisions of this Subparagraph shall 10 equal the prior year's maximum amount increased by the percentage increase in the 11 system's actuarial value of assets for the preceding year, if any. In the year in which 12 the original amortization base is liquidated and for each year thereafter until 13 the experience account amortization base is liquidated, the secondary allocation 14 shall be applied to the experience account amortization base. 15 (b) For any payment made pursuant to the provisions of this Paragraph, if the 16 system is eighty-five percent funded or greater prior to the application of the funds, 17 the net remaining liability shall be reamortized over the remaining amortization 18 period with annual payments calculated as provided in this Subsection or as 19 otherwise provided by law; if the system is less than eighty-five percent funded prior 20 to application of the funds, the net remaining liability shall not be reamortized after 21 such application. 22 (5) Notwithstanding the provisions of R.S. 11:102(B)(3)(c) and (5) or any 23 other provision of law to the contrary, in any year from Fiscal Year 2017-2018 24 through Fiscal Year 2039-2040 in which the system receives an overpayment of 25 employer contributions as determined pursuant to R.S. 11:102(B)(2) and in any year 26 from Fiscal Year 2017-2018 through Fiscal Year 2039-2040 in which the system 27 receives additional contributions pursuant to R.S. 11:102(B)(5), the amount of such 28 overpayment or additional contribution shall be applied to the remaining balance of 29 the experience account amortization base established pursuant to this Subsection. For Page 22 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 any payment made pursuant to the provisions of this Paragraph, if the system is 2 eighty-five percent funded or greater prior to the application of the funds, the net 3 remaining liability shall be reamortized over the remaining amortization period with 4 annual payments calculated as provided in this Subsection or as otherwise provided 5 by law; if the system is less than eighty-five percent funded prior to application of 6 the funds, the net remaining liability shall not be reamortized after such application. 7 (6) For the June 30, 2014, 2014 valuation, if the excess returns of the system 8 exceed the amount applied to the original amortization base pursuant to 9 Subparagraph Paragraph (B)(6) of this Section, the remaining excess returns, up to 10 the next twenty-five million dollars, shall be applied to the remaining balance of the 11 experience account amortization base established in this Subsection, without 12 reamortization of such base. 13 D.(1) If both the original amortization base and the experience account 14 amortization base have been liquidated, the residual allocation shall be applied 15 to the system's oldest outstanding positive amortization base, excluding any 16 liability established pursuant to R.S. 11:102(B)(2)(a) or (3)(c) or (C)(6)(c) until 17 all such bases are completely liquidated. After the final base is completely 18 liquidated, the assets shall be treated as provided in R.S. 11:102(B)(4). 19 (2) If there are multiple positive bases of the same age and the same 20 duration, all such bases shall be collapsed into a single base for purposes of this 21 Subsection. 22 (3) If there are multiple positive bases of the same age but of different 23 durations, the oldest outstanding positive amortization base with the shortest 24 remaining amortization period shall be treated as the "oldest" for purposes of 25 this Subsection. 26 §102.2. Consolidation of amortization Amortization payment schedules; priority 27 excess return allocations; Teachers' Retirement System of Louisiana 28 A. * * * 29 (4) For purposes of this Section, the following shall apply: Page 23 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 (a) "Primary priority amount" shall mean the maximum amount of 2 system returns in excess of the system's actuarially assumed rate of return that 3 may be applied to the original amortization base, regardless of whether actual 4 returns that equal or exceed the maximum are available, and shall equal: 5 (i) For the June 30, 2015 valuation, one hundred million dollars. 6 (ii) For each valuation thereafter, the prior year's primary priority 7 amount increased by the percentage increase in the system's actuarial value of 8 assets for the prior year, if any. 9 (b) "Primary allocation" shall mean the actual returns available for 10 application to the original amortization base. 11 (c) "Secondary priority amount" shall mean the maximum amount of 12 system returns in excess of the system's actuarially assumed rate of return that 13 may be applied to the experience account amortization base, regardless of 14 whether actual returns that equal or exceed the maximum are available, and 15 shall equal: 16 (i) For the June 30, 2015 valuation, one hundred million dollars. 17 (ii) For each valuation thereafter, before the original amortization base 18 is liquidated, the prior year's secondary priority amount increased by the 19 percentage increase in the system's actuarial value of assets for the prior year, 20 if any. 21 (iii) For the valuation in which the original amortization base is 22 liquidated, that year's secondary priority amount calculated pursuant to Item 23 (ii) of this Subparagraph plus any money from that year's primary priority 24 amount remaining after liquidation of the original amortization base. 25 (iv) For the first valuation after the original amortization base is 26 liquidated, the portion of the prior year's primary priority amount that was 27 necessary to liquidate the original amortization base plus the prior year's 28 secondary priority amount, both increased by the percentage increase in the 29 system's actuarial value of assets for the prior year, if any. Page 24 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 (v) For the second valuation after the original amortization base is 2 liquidated and for each valuation thereafter, the prior year's secondary priority 3 amount increased by the percentage increase in the system's actuarial value of 4 assets for the prior year, if any. 5 (d) "Secondary allocation" shall mean the actual returns available for 6 application to the experience account amortization base. 7 (e) "Residual priority amount" shall mean the maximum amount of 8 system returns in excess of the system's actuarially assumed rate of return that 9 may be applied to the oldest outstanding positive amortization base after 10 liquidation of the experience account amortization base, regardless of whether 11 actual returns that equal or exceed the maximum are available, and shall equal: 12 (i) For the valuation in which the experience account amortization base 13 is liquidated, the money from that year's secondary allocation remaining after 14 liquidation of the experience account amortization base, if any. 15 (ii) For the first valuation after the experience account amortization base 16 is liquidated, the prior year's secondary priority amount, increased by the 17 percentage increase in the system's actuarial value of assets for the prior year, 18 if any. 19 (iii) For the second valuation after the experience account amortization 20 base is liquidated and for each valuation thereafter, the prior year's residual 21 priority amount increased by the percentage increase in the system's actuarial 22 value of assets for the prior year, if any. 23 (f) "Residual allocation" shall mean the actual returns available for 24 application to the oldest outstanding positive amortization base after liquidation 25 of the experience account amortization base. 26 (g) In no event shall the total of one year's priority amounts be less than 27 the total of the previous year's priority amounts. 28 (h) Notwithstanding the provisions of Subparagraph (i) of this 29 Paragraph, effective for the June thirtieth valuation following the fiscal year in Page 25 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 which the system first attains a funded percentage of eighty or more pursuant 2 to R.S. 11:883.1 and for each valuation thereafter, the net remaining liability of 3 the amortization base to which the funds are applied shall be reamortized with 4 annual level-dollar payments calculated as provided in R.S. 11:102 over the 5 remainder of the amortization period originally established for that 6 amortization base. 7 (i) Beginning with the 2019-2020 Fiscal Year and every fifth fiscal year 8 thereafter, the remaining liability net of all payments made since the last 9 reamortization shall be reamortized over the remainder of the amortization 10 period originally established for that amortization base with annual payments 11 calculated as provided for in this Section. 12 (j) Except as provided in Subparagraphs (h) and (i) of this Paragraph 13 and in Item (B)(3)(a)(iv) of this Section, the net remaining liability of the 14 amortization base to which the funds are applied shall not be reamortized after 15 such application. 16 B. Original amortization base. 17 * * * 18 (2)(a) To this base shall be applied any monies in the separate fund known 19 alternatively as the "Texaco Account" or the "Initial Unfunded Accrued Liability 20 Account"on June 30, 2010, and any appropriation provided in the 2009 Regular 21 Session of the Legislature. The balance in this account as of June 30, 2008, exclusive 22 of any subaccount balance, shall be credited with interest at the system's actuarially- 23 assumed actuarially assumed interest rate until the funds in the account are applied 24 as provided in this Subsection. 25 * * * 26 (3)(a) This consolidated amortization base shall be known as the "original 27 amortization base" and shall be amortized with annual payments calculated as 28 follows: 29 (i) For Fiscal Year 2010-2011, the projected payment shall be the amount Page 26 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 specified in the June 30, 2009 system valuation adopted by the Public Retirement 2 Systems' Actuarial Committee pursuant to R.S. 11:127. The actuarially-required 3 actuarially required contribution shall be determined in accordance with the 4 provisions of R.S. 11:102 in the June 30, 2010 system valuation adopted by the 5 committee. 6 * * * 7 (iv) Notwithstanding any provision of this Section to the contrary, the net 8 remaining liability shall be reamortized over the remainder of the amortization 9 period ending in 2029 in the first valuation after Fiscal Year 2019-2020 for 10 which this reamortization results in annual level-dollar payments that do not 11 exceed the payment otherwise required for that valuation. 12 * * * 13 (4)(a) Except as provided in Paragraph (5) of this Subsection, in any year in 14 which the system exceeds its actuarially-assumed actuarially assumed rate of 15 return, the excess returns, up to the first one hundred million dollars for the June 30, 16 2015, valuation, the primary allocation shall be applied to the remaining balance 17 of the original amortization base established in this Subsection. The maximum 18 amount of excess returns to be applied in any subsequent year pursuant to the 19 provisions of this Subparagraph shall equal the prior year's maximum amount 20 increased by the percentage increase in the system's actuarial value of assets for the 21 preceding year, if any. 22 (b) For any payment made pursuant to the provisions of this Paragraph, if the 23 system is eighty-five percent funded or greater prior to the application of the funds, 24 the net remaining liability shall be reamortized over the remaining amortization 25 period with annual payments calculated as provided in this Subsection or as 26 otherwise provided by law; if the system is less than eighty-five percent funded prior 27 to application of the funds, the net remaining liability shall not be reamortized after 28 such application. 29 (5) For the June 30, 2014, 2014 valuation, if the system exceeds its Page 27 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 actuarially-assumed actuarially assumed rate of return, the excess returns, up to the 2 first fifty million dollars, shall be applied to the remaining balance of the original 3 amortization base established in this Subsection, without reamortization of such 4 base. 5 C. Experience account amortization base. 6 * * * 7 (2) To this shall be applied the balance in the experience account or the 8 balance in the subaccount of the Texaco Account created pursuant to R.S. 9 11:883.1(A)(1)(b)(iii). 10 (3) This consolidated amortization base shall be known as the "experience 11 account amortization base" and shall be amortized with annual payments over a 12 thirty-year period beginning in Fiscal Year 2010-2011 as follows: 13 (a) For Fiscal Year 2010-2011, the projected payment shall be the amount 14 specified in the June 30, 2009 system valuation adopted by the Public Retirement 15 Systems' Actuarial Committee pursuant to R.S. 11:127. The actuarially-required 16 actuarially required contribution shall be determined in accordance with the 17 provisions of R.S. 11:102 in the June 30, 2010 system valuation adopted by the 18 committee. 19 * * * 20 (c) Beginning in Fiscal Year 2018-2019, the outstanding balance shall be 21 amortized over the remaining period with annual level dollar level-dollar payments. 22 (4)(a) Except as provided in Paragraph (6) of this Subsection, in any year 23 before the liquidation of the original amortization base in which the excess 24 returns of the system exceed the primary priority amount applied to the Original 25 Amortization Base pursuant to Subparagraph (B)(4)(a) of this Section, the remaining 26 excess returns, up to the next one hundred million dollars for the June 30, 2015, 27 valuation, the secondary allocation shall be applied to the experience account 28 amortization base established in this Subsection. The maximum amount of excess 29 returns to be applied in any subsequent year pursuant to the provisions of this Page 28 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 Subparagraph shall equal the prior year's maximum amount increased by the 2 percentage increase in the system's actuarial value of assets for the preceding year, 3 if any. In the year in which the original amortization base is liquidated and for 4 each year thereafter until the experience account amortization base is 5 liquidated, the secondary allocation shall be applied to the experience account 6 amortization base. 7 (b) For any payment made pursuant to the provisions of this Paragraph, if the 8 system is eighty-five percent funded or greater prior to the application of the funds, 9 the net remaining liability shall be reamortized over the remaining amortization 10 period with annual payments calculated as provided in this Subsection or as 11 otherwise provided by law; if the system is less than eighty-five percent funded prior 12 to application of the funds, the net remaining liability shall not be reamortized after 13 such application. 14 (5) Notwithstanding the provisions of R.S. 11:102(B)(3)(c) and (5) or any 15 other provision of law to the contrary, in any year from Fiscal Year 2009-2010 16 through Fiscal Year 2039-2040 in which the system receives an overpayment of 17 employer contributions as determined pursuant to R.S. 11:102(B)(2) and in any year 18 from Fiscal Year 2009-2010 through Fiscal Year 2039-2040 in which the system 19 receives additional contributions pursuant to R.S. 11:102(B)(5), the amount of such 20 overpayment or additional contribution shall be applied to the remaining balance of 21 the experience account amortization base established pursuant to this Subsection. For 22 any payment made pursuant to the provisions of this Paragraph, if the system is 23 eighty-five percent funded or greater prior to the application of the funds, the net 24 remaining liability shall be reamortized over the remaining amortization period with 25 annual payments calculated as provided in this Subsection or as otherwise provided 26 by law; if the system is less than eighty-five percent funded prior to application of 27 the funds, the net remaining liability shall not be reamortized after such application. 28 (6) For the June 30, 2014, 2014 valuation, if the excess returns of the system 29 exceed the amount applied to the original amortization base pursuant to Page 29 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 Subparagraph Paragraph (B)(5) of this Section, the remaining excess returns, up to 2 the next fifty million dollars, shall be applied to the remaining balance of the 3 experience account amortization base established in this Subsection, without 4 reamortization of such base. 5 D.(1) If both the original amortization base and the experience account 6 amortization base have been liquidated, the residual allocation shall be applied 7 to the system's oldest outstanding positive amortization base, excluding any 8 liability established pursuant to R.S. 11:102(B)(2)(a) or (3)(c) or (D)(6)(c), until 9 all such bases are completely liquidated. After the final base is completely 10 liquidated, the assets shall be treated as provided in R.S. 11:102(B)(4). 11 (2) If there are multiple positive bases of the same age and the same 12 duration, all such bases shall be collapsed into a single base for purposes of this 13 Subsection. 14 (3) If there are multiple positive bases of the same age but of different 15 durations, the oldest outstanding positive amortization base with the shortest 16 remaining amortization period shall be treated as the "oldest" for purposes of 17 this Subsection. 18 §102.3. Priority excess return allocations; Louisiana School Employees' 19 Retirement System 20 A. For purposes of this Section, the following shall apply: 21 (1) "Priority amount" shall mean the maximum amount of system 22 returns in excess of the system's actuarially assumed rate of return that may be 23 applied to the oldest outstanding positive amortization base, regardless of 24 whether actual returns that equal or exceed the maximum are available, and 25 shall equal: 26 (a) For the June 30, 2015 valuation, fifteen million dollars. 27 (b) For each valuation thereafter, the prior year's priority amount 28 increased by the percentage increase in the system's actuarial value of assets for 29 the prior year, if any. Page 30 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 (2) "Priority allocation" shall mean the actual returns available for 2 application to the oldest outstanding positive amortization base. 3 (3) For any valuation in which the oldest outstanding positive 4 amortization base is liquidated without using the full amount of the priority 5 allocation, the remaining amount from that year's priority allocation after 6 liquidation of the oldest base shall be applied to the next oldest base. 7 (4) In no event shall one year's priority amount be less than the previous 8 year's priority amount. 9 (5) Notwithstanding the provisions of Paragraph (6) of this Subsection, 10 effective for the June thirtieth valuation following the fiscal year in which the 11 system first attains a funded percentage of eighty or more pursuant to R.S. 12 11:1145.1 and for each valuation thereafter, the net remaining liability of the 13 amortization base to which the funds are applied shall be reamortized with 14 annual level-dollar payments calculated as provided in R.S. 11:102 over the 15 remainder of the amortization period originally established for that 16 amortization base. 17 (6) Beginning with Fiscal Year 2019-2020 and every fifth fiscal year 18 thereafter, the remaining liability net of all payments made since the last 19 reamortization shall be reamortized with annual level-dollar payments 20 calculated as provided in R.S. 11:102 over the remainder of the amortization 21 period originally established for that amortization base. 22 (7) Except as provided in Paragraphs (5) and (6) of this Subsection, the 23 net remaining liability of the amortization base to which the funds are applied 24 shall not be reamortized after such application. 25 B.(1) Effective for the June 30, 2015 valuation and for each valuation 26 thereafter, if the system's investment experience for the fiscal year exceeds the 27 system's actuarially assumed rate of return, the system shall apply the priority 28 allocation to the oldest outstanding positive amortization base of the system, 29 excluding any amortization base established to amortize a liability pursuant to Page 31 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 R.S. 11:102(B)(2)(a) or (3)(c) until all such bases are completely liquidated. 2 After the final base is completely liquidated, the assets shall be treated as 3 provided in R.S. 11:102(B)(4). 4 (2) If there are multiple positive bases of the same age and the same 5 duration, all such bases shall be collapsed into a single base for purposes of this 6 Subsection. 7 (3) If there are multiple positive bases of the same age but of different 8 durations, the oldest outstanding positive amortization base with the shortest 9 remaining amortization period shall be treated as the "oldest" for purposes of 10 this Subsection. 11 C. Effective for the June 30, 2014 valuation, if the systems' investment 12 experience for the fiscal year exceeds the system's actuarially assumed rate of 13 return, the system shall apply the excess investment experience returns, up to 14 a maximum of the first seven and one-half million dollars, to the oldest 15 outstanding positive amortization base of the system, excluding any 16 amortization base established to amortize a liability pursuant to R.S. 17 11:102(B)(2)(a) or (3)(c) without reamortization of such base. 18 §102.4. Priority excess return allocations; State Police Retirement System 19 A. For purposes of this Section, the following shall apply: 20 (1) "Priority amount" shall mean the maximum amount of system 21 returns in excess of the system's actuarially assumed rate of return that may be 22 applied to the oldest outstanding positive amortization base, regardless of 23 whether actual returns that equal or exceed the maximum are available, and 24 shall equal: 25 (a) For the June 30, 2015 valuation, five million dollars. 26 (b) For each valuation thereafter, the prior year's priority amount 27 increased by the percentage increase in the system's actuarial value of assets for 28 the prior year, if any. 29 (2) "Priority allocation" shall mean the actual returns available for Page 32 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 application to the oldest outstanding positive amortization base. 2 (3) For any valuation in which the oldest outstanding positive 3 amortization base is liquidated without using the full amount of the priority 4 allocation, the remaining amount from that year's priority allocation after 5 liquidation of the oldest base shall be applied to the next oldest base. 6 (4) In no event shall one year's priority amount be less than the previous 7 year's priority amount. 8 (5) Notwithstanding the provisions of Paragraph (6) of this Subsection, 9 effective for the June thirtieth valuation following the fiscal year in which the 10 system first attains a funded percentage of eighty or more pursuant to R.S. 11 11:1332 and for each valuation thereafter, the net remaining liability of the 12 amortization base to which the funds are applied shall be reamortized with 13 annual level-dollar payments calculated as provided in R.S. 11:102 over the 14 remainder of the amortization period originally established for that 15 amortization base. 16 (6) Beginning with Fiscal Year 2019-2020 and every fifth fiscal year 17 thereafter, the remaining liability net of all payments made since the last 18 reamortization shall be reamortized with annual level-dollar payments 19 calculated as provided in R.S. 11:102 over the remainder of the amortization 20 period originally established for that amortization base. 21 (7) Except as provided in Paragraphs (5) and (6) of this Subsection, the 22 net remaining liability of the amortization base to which the funds are applied 23 shall not be reamortized after such application. 24 B.(1) Effective for the June 30, 2015 valuation and for each valuation 25 thereafter, if the system's investment experience for the fiscal year exceeds the 26 system's actuarially assumed rate of return, the system shall apply the priority 27 allocation to the oldest outstanding positive amortization base of the system, 28 excluding any amortization base established to amortize a liability pursuant to 29 R.S. 11:102(B)(2)(a) or (3)(c) until all such bases are completely liquidated. Page 33 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 After the final base is completely liquidated, the assets shall be treated as 2 provided in R.S. 11:102(B)(4). 3 (2) If there are multiple positive bases of the same age and the same 4 duration, all such bases shall be collapsed into a single base for purposes of this 5 Subsection. 6 (3) If there are multiple positive bases of the same age but of different 7 durations, the oldest outstanding positive amortization base with the shortest 8 remaining amortization period shall be treated as the "oldest" for purposes of 9 this Subsection. 10 C. Effective for the June 30, 2014 valuation, if the system's investment 11 experience for the fiscal year exceeds the system's actuarially assumed rate of 12 return, the system shall apply the excess investment experience returns, up to 13 a maximum of the first two and one-half million dollars, to the oldest 14 outstanding positive amortization base of the system, excluding any 15 amortization base established to amortize a liability pursuant to R.S. 16 11:102(B)(2)(a) or (3)(c), and without reamortization of such base. 17 §102.5. State systems' 2014 valuation amortization period 18 Notwithstanding any provision of R.S. 11:102 or any other law to the 19 contrary, for the June 30, 2014 valuation the amortization period for investment 20 gains of the Louisiana State Employees' Retirement System, the Teachers' 21 Retirement System of Louisiana, the Louisiana School Employees' Retirement 22 System, and the State Police Retirement System not allocated to an amortization 23 base pursuant to R.S. 11:102.1, 102.2, 102.3, or 102.4 and not credited to the 24 experience account shall be five years. 25 §102.3. §102.6. Review of volatility 26 Following the close of Fiscal Year 2018-2019 2016-2017, the future volatility 27 of the then-existing schedules of each state system shall be reexamined by staff of 28 each system and of the legislature, including actuaries for both. The results of this 29 reexamination, which may identify issues to be resolved and include Page 34 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 recommendations for plan amendments, shall be reported to the Public Retirement 2 Systems' Actuarial Committee by November 1, 2019 2017. The committee shall 3 review the results and determine what changes to the system plan provisions, if any, 4 are advisable. If appropriate, the committee shall make a recommendation to the 5 legislature by December 15, 2017, on whether and what type of legislation is 6 warranted. 7 * * * 8 §542. Experience account 9 A.(1)(a) Effective July 1, 2004, the balance in the experience account shall 10 be zero. 11 (b)(2) Effective June 30, 2009, the balance in the experience account shall be 12 zero. Any funds in the experience account on June 29, 2009, shall be allocated in the 13 following order: 14 (i)(a) To provide for any net investment loss attributable to the balance in the 15 account as provided in Paragraph (B)(1) Subparagraph (B)(3)(a) of this Section. 16 (ii)(b) To fund any permanent benefit increase or minimum benefit pursuant 17 to the Act that originated as House Bill No. 586 Act 144 of the 2009 Regular Session 18 of the Legislature. 19 (iii)(c) To apply to the experience account amortization base as provided in 20 R.S. 11:102.1(C)(2); however, as of June 30, 2009, these funds shall be transferred 21 to the system's Texaco Account and retained in a subaccount of that account until 22 that account is applied as provided in R.S. 11:102.1. The subaccount shall continue 23 to be credited and debited as provided in Subparagraph (A)(2)(b) and Paragraph 24 (B)(1) of this Section until such application. 25 B.(1) Effective for the June 30, 2015 valuation, the system's funded 26 percentage for purposes of this Section shall be determined before any 27 allocation to the experience account. 28 (2) The experience account shall be credited as follows: 29 (a) To the extent permitted by Paragraph (3) of this Subsection Page 35 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 Subparagraph (c) of this Paragraph and after allocation to the amortization bases 2 as provided in R.S. 11:102(B)(3)(d)(v)(bb) and 102.1, as applicable 11:102.1, an 3 amount not to exceed fifty percent of the remaining balance of the prior year's net 4 investment experience gain as determined by the system's actuary. 5 (b) To the extent permitted by Paragraph (3) of this Subsection 6 Subparagraph (c) of this Paragraph, an amount not to exceed that portion of the 7 system's net investment income attributable to the balance in the experience account 8 during the prior year. 9 (3)(a)(c) In no event shall a credit be made to the account that would cause 10 the balance in the experience account to exceed the reserve necessary to grant: 11 (i) Two permanent benefit increases determined pursuant to Subsection C D 12 of this Section if the system is at least eighty percent funded or greater. 13 (ii) One permanent benefit increase as determined pursuant to Subsection C 14 D of this Section if the system is less than eighty percent funded. 15 (b)(d) If the system is less than eighty percent funded and the account has 16 reserves in excess of the amounts provided for in Item (a)(ii) (c)(ii) of this Paragraph, 17 it shall not apply credits to the account pursuant to Subparagraph (2)(b) of this 18 Subsection no amount shall be credited to the account. 19 B.(3) The experience account shall be debited as follows: 20 (1)(a) An amount equal to that portion of the system's net investment loss 21 attributable to the balance in the experience account during the prior year. 22 (2)(b) An amount sufficient to fund a permanent benefit increase granted 23 pursuant to Subsection C the provisions of this Section. 24 (3)(c) In no event shall the amount in the experience account fall below zero. 25 C.(1) In accordance with the provisions of this Section, the board of trustees 26 may recommend to the president of the Senate and the speaker of the House of 27 Representatives that the system be permitted to grant a permanent benefit increase 28 to retirees, survivors, and beneficiaries whenever the conditions in this Section are 29 satisfied and the balance in the experience account is sufficient to fund such benefit Page 36 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 fully on an actuarial basis, as determined by the system's actuary. If the legislative 2 auditor's actuary disagrees with the determination of the system's actuary, a 3 permanent benefit increase shall not be granted. The board of trustees shall not grant 4 a permanent benefit increase unless such permanent benefit increase has been 5 approved by the legislature. Any such permanent benefit increase granted on or 6 before June 30, 2015, shall be limited to and shall only be payable based on an 7 amount not to exceed seventy thousand dollars of the retiree's annual benefit. Any 8 such permanent benefit increase granted on or after July 1, 2015, shall be limited to 9 and shall only be payable based on an amount not to exceed sixty thousand dollars 10 of the retiree's annual benefit. Effective for years after July 1, 1999, and on or before 11 June 30, 2015, the seventy-thousand dollar limit shall be increased each year in an 12 amount equal to any increase in the consumer price index (U.S. city average for all 13 urban consumers (CPI-U)) for the preceding year, if any. Effective on or after July 14 1, 2015, the sixty-thousand dollar limit shall be increased each year in an amount 15 equal to any increase in the consumer price index, (U.S. city average for all urban 16 consumers (CPI-U)) for the twelve-month period ending on the system's valuation 17 date, if any. 18 D.(1) No increase shall be granted if one or more of the following apply: 19 (a) The system is less than fifty-five percent funded. 20 (b) The system is at least fifty-five percent funded but less than 21 eighty-five percent funded and the legislature granted a benefit increase in the 22 preceding fiscal year. 23 (c) The system is less than eighty percent funded and the system fails to 24 earn an actuarial rate of return which exceeds the board-approved actuarial 25 valuation rate. 26 (2) Any increase granted pursuant to the provisions of this Section shall begin 27 on the July first following legislative approval, shall be payable annually, and shall 28 equal the amount required pursuant to Subparagraph (a) or (b) of this 29 Paragraph. If the balance in the experience account is not sufficient to fully Page 37 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 fund that sum on an actuarial basis as determined by the system actuary in 2 agreement with the legislative auditor's actuary, no increase shall be granted. 3 The increase shall be an amount equal to the lesser of: 4 (a) An amount as determined in Paragraph (2) of this Subsection. 5 (b) The increase in the consumer price index, U.S. city average for all urban 6 consumers (CPI-U), as prepared by the U.S. Department of Labor, Bureau of Labor 7 Statistics, for the twelve-month period ending on the system's valuation date if any. 8 If the balance in the experience account is not sufficient to fund that sum, no increase 9 shall be granted. 10 (2)(a)(b)(i) If Three percent, if the system is at least eighty percent funded 11 or greater, three percent and the system earns an actuarial rate of return of at 12 least eight and one-quarter percent interest on the investment of the system's 13 assets. 14 (ii) Two and one-half percent if all of the following apply: 15 (b)(aa) If the The system is at least seventy-five percent funded but less than 16 eighty percent funded and the. 17 (bb) The system earns an actuarial rate of return of at least eight and 18 one-quarter percent interest on the investment of the system's assets. 19 (cc) The legislature has not granted a benefit increase in the preceding fiscal 20 year, two and one-half percent. 21 (c)(iii) If the Two percent, if either of the following applies: 22 (aa) The system is at least sixty-five percent funded but less than 23 seventy-five percent funded and the legislature has not granted a benefit increase in 24 the preceding fiscal year, two percent. 25 (bb) The system is at least seventy-five percent funded and the system 26 does not earn an actuarial rate of return of at least eight and one-quarter 27 percent interest on the investment of the system's assets. 28 (d)(iv) If One and one-half percent if the system is at least fifty-five percent 29 funded but less than sixty-five percent funded and the legislature has not granted a Page 38 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 benefit increase in the preceding fiscal year, one and one-half percent. 2 (e) If the system is less than fifty-five percent funded or if the system is less 3 than eighty-five percent funded but more than fifty-five percent funded and the 4 legislature granted a benefit increase in the preceding fiscal year, no increase shall 5 be granted. 6 (3) Subject to the limitations contained in Paragraph (1) of this Subsection, 7 The percentage of each recipient's permanent benefit increase shall be based on the 8 benefit being paid to the recipient on the effective date of the increase. increase; 9 however, any such permanent benefit increase granted on or before June 30, 10 2015, shall be limited to and shall be payable based only on an amount not to 11 exceed seventy thousand dollars of the retiree's annual benefit. Additionally, 12 any such permanent benefit increase granted on or after July 1, 2015, shall be 13 limited to and shall be payable based only on an amount not to exceed sixty 14 thousand dollars of the retiree's annual benefit. Effective for years after July 1, 15 1999, and on or before June 30, 2015, the seventy-thousand dollar limit shall be 16 increased each year in an amount equal to any increase in the CPI-U for the 17 preceding year. Effective on or after July 1, 2015, the sixty-thousand dollar limit 18 shall be increased each year in an amount equal to any increase in the CPI-U for 19 the twelve-month period ending on the system's valuation date. 20 (4)(a) Notwithstanding any provision of this Section to the contrary, in 21 a year in which the experience account balance is insufficient to fund the 22 amount required pursuant to Paragraph (2) of this Subsection, the board may 23 make the recommendation provided in Subsection C of this Section if all of the 24 following conditions are satisfied: 25 (i) No benefit increase was granted in the preceding fiscal year. 26 (ii) The experience account balance established in the system valuation 27 for the preceding fiscal year reached its maximum reserve permitted pursuant 28 to Subparagraph (B)(2)(c) of this Section applicable to the system valuation for 29 that valuation year. Page 39 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 (iii) The experience account balance established in the system valuation 2 for the current fiscal year is insufficient to fund the increase permitted pursuant 3 to Paragraph (2) of this Subsection applicable to the system valuation for the 4 preceding fiscal year. 5 (iv) All of the insufficiency in the account is attributable to the following: 6 (aa) The growth of the cost of the increase, but only if that growth was 7 produced solely by either or both of these events: 8 (I) Changes in the pool of the eligible recipients. 9 (II) The growth in the benefit amount to which the increase applies due 10 to the application of the CPI-U pursuant to the provisions of Paragraph (3) of 11 this Subsection. 12 (bb) The insufficiency of credits to the account, if any, to cover the 13 growth in the cost of the increase. 14 (b) The amount of the increase shall be equal to the amount that the 15 balance in the experience account will fully fund rounded to the nearest lower 16 one-tenth of one percent. 17 (4)(a)E. (1)(a) Except as provided in Subparagraph (c) of this Paragraph, in 18 order to be eligible for any permanent benefit increase payable on or before June 30, 19 2009, there must be the funds available in the experience account to pay for such an 20 increase, and a retiree: 21 (i) Shall have received a benefit for at least one year; and. 22 (ii) Shall have attained at least age fifty-five. 23 (b) Except as provided in Subparagraph (c) of this Paragraph, a nonretiree 24 beneficiary shall be eligible for the permanent benefit increase payable on or before 25 June 30, 2009: 26 (i) If benefits had been paid to the retiree or the beneficiary, or both 27 combined, for at least one year; and. 28 (ii) In no event before the retiree would have attained age fifty-five. 29 (c)(i) The provisions of Items (a)(ii), (b)(ii), (d)(ii), and (e)(ii)(a)(ii) and Page 40 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 (b)(ii) of this Paragraph shall not apply to any person who receives disability benefits 2 from this system, or who receives benefits based on the death of a disability retiree 3 of this system. 4 (ii) The actuarial cost of implementing the provisions of Acts 2001, No. 5 1162, shall be paid by debiting the experience account which must have the funds 6 available in the experience account to pay for such an increase. 7 (d)(2)(a) Except as provided in Subparagraph (c) of this Paragraph, in order 8 to be eligible for any permanent benefit increase payable on or after July 1, 2009, 9 there shall be the funds available in the experience account to pay for such an 10 increase, and a retiree: 11 (i) Shall have received a benefit for at least one year; and. 12 (ii) Shall have attained at least age sixty. 13 (e)(b) Except as provided in Subparagraph (c) of this Paragraph, a nonretiree 14 beneficiary shall be eligible for the permanent benefit increase payable on or after 15 July 1, 2009: 16 (i) If benefits had been paid to the retiree or the beneficiary, or both 17 combined, for at least one year; and. 18 (ii) In no event before the retiree would have attained age sixty. 19 (c) The provisions of Items (a)(ii) and (b)(ii) of this Paragraph shall not 20 apply to any person who receives disability benefits from this system, or who 21 receives benefits based on the death of a disability retiree of this system. 22 (5)(a) F.(1) The first normal permanent benefit increase shall be effective 23 July 1, 1999. 24 (2) The actuarial cost of implementing the provisions of Act 1162 of the 25 2001 Regular Session of the Legislature shall be paid by debiting the experience 26 account which shall have the funds available in the experience account to pay 27 for such an increase. 28 (3) Effective September 1, 2001, any retiree receiving a retirement benefit 29 shall be entitled to receive, as a permanent benefit increase, a minimum retirement Page 41 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 benefit amounting to not less than thirty dollars per month for each year of creditable 2 service of the retiree or the maximum benefit earned in accordance with the 3 applicable benefit formula selected by the retiree at the time of retirement, whichever 4 is greater. 5 (i)(a) For any retiree who selected or selects an early retirement, an initial 6 benefit option, or a retirement option allowing the payment of benefits to a 7 beneficiary, there shall be a comparison of both the minimum benefit provided for 8 in this Paragraph and the maximum benefit and both such benefits shall be 9 actuarially reduced based upon the option selected by the retiree and the current 10 board-approved actuarial assumptions prior to the comparison and for the purpose 11 of determining which of the two benefit amounts results in the greater amount and 12 the greater amount shall be paid to the retiree. 13 (ii)(b) In order for the minimum benefit provided for in this Paragraph to be 14 compared to the annuity being paid to a retiree's named beneficiary, the minimum 15 benefit shall be reduced based on the option in effect and the current board-approved 16 actuarial assumptions. After reducing the minimum benefit provided for in this Item 17 Subparagraph, the reduced minimum benefit shall be compared to the beneficiary's 18 annuity, and the beneficiary shall be paid the greater of the beneficiary's reduced 19 minimum benefit or the amount of the beneficiary's annuity being paid at the time 20 of the comparison. 21 (b)(c) The minimum benefits provided for in this Paragraph shall apply to all 22 retired members and beneficiaries receiving annuity payments or benefits on 23 September 1, 2001, and to all members retiring on and after September 1, 2001, and 24 to all beneficiaries receiving annuity payments on and after September 1, 2001, and 25 all such payments shall be funded by debiting the experience account. 26 * * * 27 §883.1. Experience account 28 A.(1)(a) Effective July 1, 2004, the balance in the experience account shall 29 be zero. Page 42 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 (b)(2) Effective June 30, 2009, the balance in the experience account shall be 2 zero. Any funds in the account on June 29, 2009, shall be allocated in the following 3 order: 4 (i)(a) To provide for any net investment loss attributable to the balance in the 5 account as provided in Paragraph (B)(1) Subparagraph (B)(3)(a) of this Section. 6 (ii)(b) To fund any permanent benefit increase or minimum benefit pursuant 7 to the Act that originated as House Bill No. 586 Act 144 of the 2009 Regular Session 8 of the Legislature. 9 (iii)(c) To apply to the experience account amortization base as provided in 10 R.S. 11:102.2(C)(2); however, as of June 30, 2009, these funds shall be transferred 11 to the system's Texaco Account and retained in a subaccount of that account until 12 that account is applied as provided in R.S. 11:102.2. The subaccount shall continue 13 to be credited and debited as provided in Subparagraph (A)(2)(b) and Paragraph 14 (B)(1) of this Section until such application. 15 B.(1) Effective for the June 30, 2015 valuation, the system's funded 16 percentage for purposes of this Section shall be determined before any 17 allocation to the experience account. 18 (2) The experience account shall be credited as follows: 19 (a) To the extent permitted by Subparagraph (c) of this Paragraph (3) of this 20 Subsection and after allocation to the amortization bases as provided in R.S. 21 11:102(B)(3)(d)(vii)(bb) and 102.2, as applicable 11:102.2, an amount not to exceed 22 fifty percent of the remaining balance of the prior year's net investment experience 23 gain as determined by the system's actuary. 24 (b) To the extent permitted by Subparagraph (c) of this Paragraph (3) of 25 this Subsection, an amount not to exceed that portion of the system's net investment 26 income attributable to the balance in the experience account during the prior year. 27 (3)(a)(c) In no event shall a credit be made to the account that would cause 28 the balance in the experience account to exceed the reserve necessary to grant either 29 of the following: Page 43 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 (i) Two permanent benefit increases determined pursuant to Subsection C D 2 of this Section if the system is at least eighty percent funded or greater. 3 (ii) One permanent benefit increase as determined pursuant to Subsection C 4 D of this Section if the system is less than eighty percent funded. 5 (b)(d) If the system is less than eighty percent funded and the account has 6 reserves in excess of the amounts provided for in Item (a)(ii) (c)(ii) of this Paragraph, 7 it shall not apply credits to the account pursuant to Subparagraph (2)(b) of this 8 Subsection no amount shall be credited to the account. 9 B.(3) The experience account shall be debited as follows: 10 (1)(a) An amount equal to that portion of the system's net investment loss 11 attributable to the balance in the experience account during the prior year. 12 (2)(b) An amount sufficient to fund a permanent benefit increase granted 13 pursuant to Subsection C the provisions of this Section. 14 (3)(c) In no event shall the amount in the experience account fall below zero. 15 C.(1) In accordance with the provisions of this Section, the board of trustees 16 may recommend to the president of the Senate and the speaker of the House of 17 Representatives that the system be permitted to grant a permanent benefit increase 18 to retirees and beneficiaries whenever the conditions in this Section are satisfied and 19 the balance in the experience account is sufficient to fund such benefit fully on an 20 actuarial basis, as determined by the system's actuary. If the legislative auditor's 21 actuary disagrees with the determination of the system's actuary, a permanent benefit 22 increase shall not be granted. The board of trustees shall not grant a permanent 23 benefit increase unless such permanent benefit increase has been approved by the 24 legislature. 25 D.(1) No increase shall be granted if one or more of the following apply: 26 (a) The system is less than fifty-five percent funded. 27 (b) The system is at least fifty-five percent funded but less than 28 eighty-five percent funded and the legislature granted a benefit increase in the 29 preceding fiscal year. Page 44 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 (c) The system is less than eighty percent funded and the system fails to 2 earn an actuarial rate of return which exceeds the board-approved actuarial 3 valuation rate. 4 (2) Any increase granted pursuant to the provisions of this Section shall begin 5 on the July first following legislative approval, shall be payable annually, and shall 6 equal the amount required pursuant to Subparagraph (a) or (b) of this 7 Paragraph. If the balance in the experience account is not sufficient to fully 8 fund that sum on an actuarial basis as determined by the system actuary in 9 agreement with the legislative auditor's actuary, no increase shall be granted. 10 The increase shall be an amount equal to the lesser of: 11 (a) An amount as determined in Paragraph (2) of this Subsection. 12 (b) The increase in the consumer price index, U.S. city average for all urban 13 consumers (CPI-U), as prepared by the U.S. Department of Labor, Bureau of Labor 14 Statistics, for the twelve-month period ending on the system's valuation date, if any. 15 If the balance in the experience account is not sufficient to fund that sum, no increase 16 shall be granted. 17 (2)(a)(b)(i) If Three percent if the system is at least eighty percent funded 18 or greater, three percent and the system earns an actuarial rate of return of at 19 least eight and one-quarter percent interest on the investment of the system's 20 assets. 21 (b)(ii) If the Two and one-half percent, if all of the following apply: 22 (aa) The system is at least seventy-five percent funded but less than eighty 23 percent funded and the. 24 (bb) The system earns an actuarial rate of return of at least eight and 25 one-quarter percent interest on the investment of the system's assets. 26 (cc) The legislature has not granted a benefit increase in the preceding fiscal 27 year, two and one-half percent. 28 (c)(iii) If the Two percent, if either of the following applies: 29 (aa) The system is at least sixty-five percent funded but less than Page 45 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 seventy-five percent funded and the legislature has not granted a benefit increase in 2 the preceding fiscal year, two percent. 3 (bb) The system is at least seventy-five percent funded and the system 4 does not earn an actuarial rate of return of at least eight and one-quarter 5 percent interest on the investment of the system's assets. 6 (d)(iv) If One and one-half percent, if the system is at least fifty-five 7 percent funded but less than sixty-five percent funded and the legislature has not 8 granted a benefit increase in the preceding fiscal year, one and one-half percent. 9 (e) If the system is less than fifty-five percent funded or if the system is less 10 than eighty-five percent funded but more than fifty-five percent funded and the 11 legislature granted a benefit increase in the preceding fiscal year, no increase shall 12 be granted. 13 (3) Subject to the limitations contained in Subsection F of this Section, the 14 The percentage of each recipient's permanent benefit increase shall be based on the 15 benefit being paid to the recipient on the effective date of the increase. 16 (a) Any such permanent benefit increase granted on or before June 30, 17 2015, shall be limited to and shall be payable based only on an amount not to 18 exceed seventy thousand dollars of the retiree's annual benefit. The seventy 19 thousand dollar limit shall be increased each year in an amount equal to any 20 increase in the CPI-U for the preceding year. 21 (b) Any such permanent benefit increase granted on or after July 1, 22 2015, shall be limited to and shall be payable based only on an amount not to 23 exceed sixty thousand dollars of the retiree's annual benefit. Effective on or 24 after July 1, 2015, the sixty thousand dollar limit shall be increased each year 25 in an amount equal to any increase in the CPI-U for the twelve-month period 26 ending on the system's valuation date. 27 (4)(a) Notwithstanding any provision of this Section to the contrary, in 28 a year in which the experience account balance is insufficient to fund the 29 amount required pursuant to Paragraph (2) of this Subsection, the board may Page 46 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 make the recommendation provided in Subsection C of this Section if all of the 2 following conditions are satisfied: 3 (i) No benefit increase was granted in the preceding fiscal year. 4 (ii) The experience account balance established in the system valuation 5 for the preceding fiscal year reached its maximum reserve permitted pursuant 6 to Subparagraph (B)(2)(c) of this Section applicable to the system valuation for 7 that valuation year. 8 (iii) The experience account balance established in the system valuation 9 for the current fiscal year is insufficient to fund the increase permitted pursuant 10 to Paragraph (2) of this Subsection applicable to the system valuation for the 11 preceding fiscal year. 12 (iv) All of the insufficiency in the account is attributable to the following: 13 (aa) The growth of the cost of the increase, but only if that growth was 14 produced solely by either or both of these events: 15 (I) Changes in the pool of the eligible recipients. 16 (II) The growth in the benefit amount to which the increase applies due 17 to the application of the CPI-U pursuant to the provisions of Paragraph (3) of 18 this Subsection. 19 (bb) The insufficiency of credits to the account, if any, to cover the 20 growth in the cost of the increase. 21 (b) The amount of the increase shall be equal to the amount that the 22 balance in the experience account will fully fund rounded to the nearest lower 23 one-tenth of one percent. 24 (4)(a) E.(1)(a) Except as provided in Subparagraph (c) of this Paragraph, in 25 order to be eligible for any permanent benefit increase payable on or before June 30, 26 2009, there must be the funds available in the experience account to pay for such an 27 increase, and a retiree: 28 (i) Shall have received a benefit for at least one year; and. 29 (ii) Shall have attained at least age fifty-five. Page 47 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 (b) Except as provided in Subparagraph (c) of this Paragraph, a nonretiree 2 beneficiary shall be eligible for the permanent benefit increase payable on or before 3 June 30, 2009: 4 (i) If benefits had been paid to the retiree or the beneficiary, or both 5 combined, for at least one year; and. 6 (ii) In no event before the retiree would have attained age fifty-five. 7 (c)(i) The provisions of Items (a)(ii), (b)(ii), (d)(ii), and (e)(ii) (a)(ii) and 8 (b)(ii) of this Paragraph shall not apply to any person who receives disability benefits 9 from this system, or who receives benefits based on the death of a disability retiree 10 of this system. 11 (ii) The actuarial cost of implementing the provisions of Acts 2001, No. 12 1162, shall be paid by debiting the experience account which must have the funds 13 available in the experience account to pay for such an increase. 14 (d)(2)(a) Except as provided in Subparagraph (c) of this Paragraph, in order 15 to be eligible for any permanent benefit increase payable on or after July 1, 2009, 16 there shall be the funds available in the experience account to pay for such an 17 increase, and a retiree: 18 (i) Shall have received a benefit for at least one year; and. 19 (ii) Shall have attained at least age sixty. 20 (e)(b) Except as provided in Subparagraph (c) of this Paragraph, a nonretiree 21 beneficiary shall be eligible for the permanent benefit increase payable on or after 22 July 1, 2009: 23 (i) If benefits had been paid to the retiree or the beneficiary, or both 24 combined, for at least one year; and. 25 (ii) In no event before the retiree would have attained age sixty. 26 (c) The provisions of Items (a)(ii) and (b)(ii) of this Paragraph shall not 27 apply to any person who receives disability benefits from this system, or who 28 receives benefits based on the death of a disability retiree of this system. 29 F.(1) The first normal permanent benefit increase shall be effective July Page 48 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 1, 1999. 2 (2) The actuarial cost of implementing the provisions of Act 1162 of the 3 2001 Regular Session of the Legislature shall be paid by debiting the experience 4 account which shall have the funds available in the experience account to pay 5 for such an increase. 6 (5)(a)(3) On December 1, 2001, the board of trustees shall grant a one-time 7 cost-of-living adjustment to: 8 (i)(a) Each retiree who had twenty-five years of service credit, exclusive of 9 unused leave, or a disability retiree regardless of the number of years of service 10 credit, and had been receiving a benefit for at least fifteen years on December 1, 11 2001; and. 12 (ii)(b) Each nonretiree beneficiary receiving a benefit on December 1, 2001, 13 if the deceased member had twenty-five years of service credit exclusive of unused 14 leave, or was a disability retiree regardless of the number of years of service credit, 15 and the retiree and nonretiree beneficiary, or both combined, had received a benefit 16 for at least fifteen years. 17 (b)(c) The one-time adjustment payable to each recipient shall equal an 18 amount up to but not exceeding two hundred dollars a month, but the total monthly 19 benefit of any such recipient resulting from this adjustment shall not exceed one 20 thousand dollars. 21 * * * 22 §927. Contributions 23 * * * 24 B. * * * 25 (2)(a) Beginning July 1, 2014, and continuing through fiscal year Fiscal Year 26 2017-2018, each higher education board created by Article VIII of the Constitution 27 of Louisiana and each employer institution and agency under its supervision and 28 control shall contribute to the Teachers' Retirement System of Louisiana on behalf 29 of each participant in the optional retirement plan the sum of: Page 49 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 (i) The amounts calculated pursuant to R.S. 11:102(D)(4)(b), 2 11:102(D)(6)(b), (c), and (d). 3 * * * 4 (b) Beginning July 1, 2018, each higher education board created by Article 5 VIII of the Constitution of Louisiana and each employer institution and agency under 6 its supervision and control shall contribute to the Teachers' Retirement System of 7 Louisiana on behalf of each participant in the optional retirement plan the sum of: 8 (i) The amounts calculated pursuant to R.S. 11:102(D)(4)(b), 9 11:102(D)(6)(b), (c), and (d). 10 * * * 11 (3)(a) Beginning July 1, 2014, for all employers each employer that are is 12 not a higher education board created by Article VIII of the Constitution of Louisiana 13 or an employer institution under the supervision and control of such a board, each 14 such employer institution and board shall contribute to the Teachers' Retirement 15 System of Louisiana on behalf of each participant in the optional retirement plan the 16 greater of: 17 (i) The amount it would have contributed if the participant were a member 18 of the regular retirement plan of the Teachers' Retirement System of Louisiana 19 pursuant to R.S. 11:102(D)(1) 11:102(D)(3). 20 (ii) The sum of the amounts calculated pursuant to R.S. 11:102(D)(4)(b), 21 11:102(D)(6)(b), (c), and (d) plus six and two-tenths percent of pay. 22 * * * 23 §1145.1. Employee Experience Account Experience account 24 A.(1) The Employee Experience Account experience account shall be 25 credited as follows: 26 (a) To the extent permitted by Subparagraph (c) of this Paragraph (2) of this 27 Subsection and after allocation to the amortization bases as provided in R.S. 28 11:102(B)(3)(d)(vi)(bb) 11:102.3, an amount not to exceed fifty percent of the 29 remaining balance of the prior year's net investment experience gain as determined Page 50 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 by the system's actuary. 2 (b) To the extent permitted by Subparagraph (c) of this Paragraph (2) of 3 this Subsection, an amount not to exceed that portion of the system's net investment 4 income attributable to the balance in the Employee Experience Account experience 5 account during the prior year. 6 (2)(a)(c) In no event shall a credit be made to the account that would cause 7 the balance in the Employee Experience Account experience account to exceed the 8 reserve necessary to grant: 9 (i) Two cost-of-living adjustments permanent benefit increases determined 10 pursuant to Subsection C of this Section if the system is at least eighty percent 11 funded or greater. 12 (ii) One permanent benefit increase as determined pursuant to Subsection C 13 of this Section if the system is less than eighty percent funded. 14 (b)(d) If the system is less than eighty percent funded and the account has 15 reserves in excess of the amounts provided for in Item (a)(ii) (c)(ii) of this Paragraph, 16 it shall not apply credits to the account pursuant to Subparagraph (1)(b) of this 17 Subsection no amount shall be credited to the account. 18 B.(2) The Employee Experience Account experience account shall be 19 debited as follows: 20 (1)(a) An amount equal to that portion of the system's net investment loss 21 attributable to the balance in the Employee Experience Account experience account 22 during the prior year. 23 (2)(b) An amount sufficient to fund a cost-of-living adjustment permanent 24 benefit increase granted pursuant to Subsection C the provisions of this Section. 25 (3)(c) In no event shall the amount in the Employee Experience Account 26 experience account fall below zero. 27 (3) Effective for the June 30, 2015 valuation, the system's funded 28 percentage for purposes of this Section shall be determined before any 29 allocation to the experience account. Page 51 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 C.(1)B. In accordance with the provisions of this Section, the board of 2 trustees may recommend to the president of the Senate and the speaker of the House 3 of Representatives that the system be permitted to grant a cost-of-living adjustment 4 permanent benefit increase to retirees and beneficiaries whenever the conditions 5 in this Section are satisfied and the balance in the Employee Experience Account is 6 sufficient to fully fund such benefit on an actuarial basis, as determined by the 7 system's actuary. If the legislative actuary disagrees with the determination of the 8 system's actuary, a cost-of-living adjustment shall not be granted. The board of 9 trustees shall not grant a cost-of-living adjustment permanent benefit increase 10 unless such cost-of-living adjustment permanent benefit increase has been 11 approved by the legislature. Any such cost-of-living adjustment granted on or before 12 June 30, 2015, shall be limited to and shall only be payable based on an amount not 13 to exceed eighty-five thousand dollars of the retiree's annual benefit. Any such cost- 14 of-living adjustment granted on or after July 1, 2015, shall be limited to and shall 15 only be payable based on an amount not to exceed sixty thousand dollars of the 16 retiree's annual benefit. Effective for years after July 1, 2007, and on or before June 17 30, 2015, the eighty-five thousand dollar limit shall be increased each year in an 18 amount equal to the increase in the Consumer Price Index (United States city average 19 for all urban consumers (CPI-U)), as prepared by the United States Department of 20 Labor, Bureau of Labor Statistics, for the preceding calendar year, if any. Effective 21 on or after July 1, 2015, the sixty-thousand dollar limit shall be increased each year 22 in an amount equal to any increase in the consumer price index (U.S. city average 23 for all urban consumers (CPI-U)) for the twelve-month period ending on the system's 24 valuation date, if any. 25 C.(1) No increase shall be granted if either of the following applies: 26 (a) The system is less than fifty-five percent funded. 27 (b) The system is at least fifty-five percent funded but less than 28 eighty-five percent funded and the legislature granted a benefit increase in the 29 preceding fiscal year. Page 52 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 (2) Any cost-of-living adjustment increase granted pursuant to the provisions 2 of this Section shall begin on the July first following legislative approval, shall be 3 payable annually, and shall equal the amount required pursuant to Subparagraph 4 (a) or (b) of this Paragraph. If the balance in the experience account is not 5 sufficient to fully fund that sum on an actuarial basis as determined by the 6 system actuary in agreement with the legislative auditor's actuary, no increase 7 shall be granted. The increase shall be an amount equal to the lesser of: 8 (a) An amount as determined in Paragraph (2) of this Subsection. 9 (b) The increase in the Consumer Price Index (United States city average for 10 all urban consumers (CPI-U)) consumer price index, U.S. city average for all 11 urban consumers (CPI-U), as prepared by the United States Department of Labor, 12 Bureau of Labor Statistics, for the twelve-month period ending on the system's 13 valuation date, if any. If the balance in the experience account is not sufficient to 14 fund that sum, no increase shall be granted. 15 (2)(a)(b)(i) If Three percent if the system is at least eighty percent funded 16 or greater, three percent and the system earns an actuarial rate of return of at 17 least seven and one-quarter percent interest on the investment of the system's 18 assets. 19 (b)(ii) If the Two and one-half percent, if all the following apply: 20 (aa) The system is at least seventy-five percent funded but less than eighty 21 percent funded and the system earns an actuarial rate of return of at least seven 22 and one-quarter percent interest on the investment of the system's assets. 23 (bb) The legislature has not granted a benefit increase in the preceding fiscal 24 year, two and one-half percent. 25 (c)(iii) If the Two percent, if either of the following applies: 26 (aa) The system is at least sixty-five percent funded but less than 27 seventy-five percent funded and the legislature has not granted a benefit increase in 28 the preceding fiscal year, two percent. 29 (bb) The system is at least seventy-five percent funded and the system Page 53 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 does not earn an actuarial rate of return of at least seven and one-quarter 2 percent interest on the investment of the system's assets. 3 (d)(iv) If One and one-half percent, if the system is at least fifty-five 4 percent funded but less than sixty-five percent funded and the legislature has not 5 granted a benefit increase in the preceding fiscal year, one and one-half percent. 6 (e) If the system is less than fifty-five percent funded or if the system is less 7 than eighty-five percent funded but more than fifty-five percent funded and the 8 legislature granted a benefit increase in the preceding fiscal year, no increase shall 9 be granted. 10 (3) Subject to the limitations contained in Paragraph (1) of this Subsection, 11 the The percentage of each recipient's cost-of-living adjustment permanent benefit 12 increase shall be based on the benefit being paid to the recipient on the effective date 13 of the increase. increase; however, any such permanent benefit increase granted 14 on or before June 30, 2015, shall be limited to and shall be payable based only 15 on an amount not to exceed eighty-five thousand dollars of the retiree's annual 16 benefit. Additionally, any such permanent benefit increase granted on or after 17 July 1, 2015, shall be limited to and shall be payable based only on an amount 18 not to exceed sixty thousand dollars of the retiree's annual benefit. Effective for 19 years after July 1, 2007, and on or before June 30, 2015, the eighty-five 20 thousand dollar limit shall be increased each year in an amount equal to any 21 increase in the CPI-U for the preceding year. Effective on or after July 1, 2015, 22 the sixty thousand dollar limit shall be increased each year in an amount equal 23 to any increase in the CPI-U for the twelve-month period ending on the system's 24 valuation date. 25 (4)(a) Notwithstanding any provision of this Section to the contrary, in 26 a year in which the experience account balance is insufficient to fund the 27 amount required pursuant to Paragraph (2) of this Subsection, the board may 28 make the recommendation provided in Subsection B of this Section if all of the 29 following conditions are satisfied: Page 54 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 (i) No benefit increase was granted in the preceding fiscal year. 2 (ii) The experience account balance established in the system valuation 3 for the preceding fiscal year reached its maximum reserve permitted pursuant 4 to Subparagraph (A)(1)(c) of this Section applicable to the system valuation for 5 that valuation year. 6 (iii) The experience account balance established in the system valuation 7 for the current fiscal year is insufficient to fund the increase permitted pursuant 8 to Paragraph (2) of this Subsection applicable to the system valuation for the 9 preceding fiscal year. 10 (iv) All of the insufficiency in the account is attributable to the following: 11 (aa) The growth of the cost of the increase, but only if that growth was 12 produced solely by either or both of these events: 13 (I) Changes in the pool of the eligible recipients. 14 (II) The growth in the benefit amount to which the increase applies due 15 to the application of the CPI-U pursuant to the provisions of Paragraph (3) of 16 this Subsection. 17 (bb) The insufficiency of credits to the account, if any, to cover the 18 growth in the cost of the increase. 19 (b) The amount of the increase shall be equal to the amount that the 20 balance in the experience account will fully fund rounded to the nearest lower 21 one-tenth of one percent. 22 (4)(a)D.(1)(a) Except as provided in Subparagraph (c) of this Paragraph, in 23 order to be eligible for the cost-of-living adjustment permanent benefit increase, 24 there shall be the funds available in the Employee Experience Account experience 25 account to pay for such an adjustment, and a retiree: 26 (i) Shall have received a benefit for at least one year; and. 27 (ii) Shall have attained at least age sixty. 28 (b) Except as provided in Subparagraph (c) of this Paragraph, a non-retiree 29 nonretiree beneficiary shall be eligible for the cost-of-living adjustment permanent Page 55 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 benefit increase: 2 (i) If benefits had been paid to the retiree, or the beneficiary, or both 3 combined, for at least one year; and. 4 (ii) In no event before the retiree would have attained age sixty. 5 (c) The provisions of Items (a)(ii) and (b)(ii) of this Paragraph shall not apply 6 to any person who receives disability benefits from this system or who receives 7 benefits based on the death of a disability retiree of this system. 8 D. The cost-of-living increase which is authorized by Subsection C of this 9 Section shall be limited to the lesser of either two percent or an amount determined 10 as provided in Subsection C of this Section in or for any year in which the system 11 does not earn an actuarial rate of return of at least seven and one-quarter percent 12 interest on the investment of the system's assets. 13 E. Effective July 1, 2007, the balance in the Employee Experience Account 14 experience account shall be zero. 15 * * * 16 §1332. Employee Experience Account Experience account 17 A.(1) The Employee Experience Account experience account shall be 18 credited as follows: 19 (a) To the extent permitted by Subparagraph (c) of this Paragraph (2) of this 20 Subsection and after the allocation to the amortization bases as provided in R.S. 21 11:102(B)(3)(d)(viii)(bb) 11:102.4, an amount not to exceed fifty percent of the 22 remaining balance of the prior year's net investment experience gain as determined 23 by the system's actuary. 24 (b) To the extent permitted by Subparagraph (c) of this Paragraph (2) of 25 this Subsection, an amount not to exceed that portion of the system's net investment 26 income attributable to the balance in the Employee Experience Account experience 27 account during the prior year. 28 (2)(a)(c) In no event shall a credit be made to the account that would cause 29 the balance in the Employee Experience Account experience account to exceed the Page 56 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 reserve necessary to grant: 2 (i) Two cost-of-living adjustments permanent benefit increases as 3 determined pursuant to Subsection C of this Section if the system is at least eighty 4 percent funded or greater. 5 (ii) One permanent benefit increase as determined pursuant to Subsection C 6 of this Section if the system is less than eighty percent funded. 7 (b)(d) If the system is less than eighty percent funded and the account has 8 reserves in excess of the amounts provided for in Item (a)(ii) (c)(ii) of this Paragraph, 9 it shall not apply credits to the account pursuant to Subparagraph (1)(b) of this 10 Subsection no amount shall be credited to the account. 11 B.(2) The Employee Experience Account experience account shall be 12 debited as follows: 13 (1)(a) An amount equal to that portion of the system's net investment loss 14 attributable to the balance in the Employee Experience Account experience account 15 during the prior year. 16 (2)(b) An amount sufficient to fund a cost-of-living adjustment permanent 17 benefit increase granted pursuant to Subsection C or F the provisions of this 18 Section. 19 (3)(c) In no event shall the amount in the Employee Experience Account 20 experience account fall below zero. 21 (3) Effective for the June 30, 2015 valuation, the system's funded 22 percentage for purposes of this Section shall be determined before any 23 allocation to the experience account. 24 C.(1)B. In accordance with the provisions of this Section, the board of 25 trustees may recommend to the president of the Senate and the speaker of the House 26 of Representatives that the system be permitted to grant a cost-of-living adjustment 27 permanent benefit increase to retirees and beneficiaries whenever the conditions 28 in this Section are satisfied and the balance in the Employee Experience Account is 29 sufficient to fully fund such benefit on an actuarial basis, as determined by the Page 57 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 system's actuary. If the legislative actuary disagrees with the determination of the 2 system's actuary, a cost-of-living adjustment shall not be granted. The board of 3 trustees shall not grant a cost-of-living adjustment permanent benefit increase 4 unless such cost-of-living adjustment permanent benefit increase has been 5 approved by the legislature. Any such cost-of-living adjustment granted on or before 6 June 30, 2015, shall be limited to and shall only be payable based on an amount not 7 to exceed eighty-five thousand dollars of the retiree's annual benefit. Any such cost- 8 of-living adjustment granted on or after July 1, 2015, shall be limited to and shall 9 only be payable based on an amount not to exceed sixty thousand dollars of the 10 retiree's annual benefit. Effective for years after July 1, 2007, and on or before June 11 30, 2015, the eighty-five thousand dollar limit shall be increased each year in an 12 amount equal to the increase in the consumer price index (United States city average 13 for all urban consumers (CPI-U)), as prepared by the United States Department of 14 Labor, Bureau of Labor Statistics, for the preceding calendar year, if any. Effective 15 on or after July 1, 2015, the sixty-thousand dollar limit shall be increased each year 16 in an amount equal to any increase in the consumer price index (U.S. city average 17 for all urban consumers (CPI-U)) for the twelve-month period ending on the system's 18 valuation date, if any. 19 C.(1) No increase shall be granted if either of the following applies: 20 (a) The system is less than fifty-five percent funded. 21 (b) The system is at least fifty-five percent funded but less than 22 eighty-five percent funded and the legislature granted a benefit increase in the 23 preceding fiscal year. 24 (2) Any adjustment increase granted pursuant to the provisions of this 25 Section shall begin on the July first following legislative approval, shall be payable 26 annually, and shall be an amount equal to the lesser of: 27 (a) An amount as determined in Paragraph (2) of this Subsection. 28 (b) The increase in the consumer price index, (United States city average for 29 all urban consumers (CPI-U)) U.S. city average for all urban consumers (CPI-U), Page 58 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 as prepared by the United States Department of Labor, Bureau of Labor Statistics, 2 for the twelve-month period ending on the system's valuation date, if any. If the 3 balance in the experience account is not sufficient to fund that sum, no increase shall 4 be granted. 5 (2)(a)(b)(i) If Three percent, if the system is at least eighty percent funded 6 or greater, three percent and the system earns an actuarial rate of return of at 7 least seven percent interest on the investment of the system's assets. 8 (b)(ii) If the Two and one-half percent, if all of the following apply: 9 (aa) The system is at least seventy-five percent funded but less than eighty 10 percent funded and the system earns an actuarial rate of return of at least seven 11 percent interest on the investment of the system's assets. 12 (bb) The legislature has not granted a benefit increase in the preceding fiscal 13 year, two and one-half percent. 14 (c)(iii) If the Two percent, if either of the following applies: 15 (aa) The system is at least sixty-five percent funded but less than 16 seventy-five percent funded and the legislature has not granted a benefit increase in 17 the preceding fiscal year, two percent. 18 (bb) The system is at least seventy-five percent funded and the system 19 does not earn an actuarial rate of return of at least seven percent interest on the 20 investment of the system's assets. 21 (d)(iv) If One and one-half percent, if the system is at least fifty-five 22 percent funded but less than sixty-five percent funded and the legislature has not 23 granted a benefit increase in the preceding fiscal year, one and one-half percent. 24 (e) If the system is less than fifty-five percent funded or if the system is less 25 than eighty-five percent funded but more than fifty-five percent funded and the 26 legislature granted a benefit increase in the preceding fiscal year, no increase shall 27 be granted. 28 (3) Subject to the limitations contained in Paragraph (1) of this Subsection, 29 the The percentage of each recipient's cost-of-living adjustment permanent benefit Page 59 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 increase shall be based on the benefit being paid to the recipient on the effective date 2 of the increase. increase; however, any such permanent benefit increase granted 3 on or before June 30, 2015, shall be limited to and shall be payable based only 4 on an amount not to exceed eighty-five thousand dollars of the retiree's annual 5 benefit. Additionally, any such permanent benefit increase granted on or after 6 July 1, 2015, shall be limited to and shall be payable based only on an amount 7 not to exceed sixty thousand dollars of the retiree's annual benefit. Effective for 8 years after July 1, 2007, and on or before June 30, 2015, the eighty-five 9 thousand dollar limit shall be increased each year in an amount equal to any 10 increase in the CPI-U for the preceding year. Effective on or after July 1, 2015, 11 the sixty thousand dollar limit shall be increased each year in an amount equal 12 to any increase in the CPI-U for the twelve-month period ending on the system's 13 valuation date. 14 (4)(a) Notwithstanding any provision of this Section to the contrary, in 15 a year in which the experience account balance is insufficient to fund the 16 amount required pursuant to Paragraph (2) of this Subsection, the board may 17 make the recommendation provided in Subsection B of this Section if all of the 18 following conditions are satisfied: 19 (i) No benefit increase was granted in the preceding fiscal year. 20 (ii) The experience account balance established in the system valuation 21 for the preceding fiscal year reached its maximum reserve permitted pursuant 22 to Subparagraph (A)(1)(c) of this Section applicable to the system valuation for 23 that valuation year. 24 (iii) The experience account balance established in the system valuation 25 for the current fiscal year is insufficient to fund the increase permitted pursuant 26 to Paragraph (2) of this Subsection applicable to the system valuation for the 27 preceding fiscal year. 28 (iv) All of the insufficiency in the account is attributable to the following: 29 (aa) The growth of the cost of the increase, but only if that growth was Page 60 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 produced solely by either or both of these events: 2 (I) Changes in the pool of the eligible recipients. 3 (II) The growth in the benefit amount to which the increase applies due 4 to the application of the CPI-U pursuant to the provisions of Paragraph (3) of 5 this Subsection. 6 (bb) The insufficiency of credits to the account, if any, to cover the 7 growth in the cost of the increase. 8 (b) The amount of the increase shall be equal to the amount that the 9 balance in the experience account will fully fund rounded to the nearest lower 10 one-tenth of one percent. 11 (4)(a) D.(1)(a)Except as provided in Subparagraph (c) of this Paragraph, in 12 order to be eligible for the cost-of-living adjustment permanent benefit increase, 13 there shall be the funds available in the experience account to pay for such an 14 adjustment, and a retiree: 15 (i) Shall have received a benefit for at least one year; and. 16 (ii) Shall have attained at least age sixty. 17 (b) Except as provided in Subparagraph (c) of this Paragraph, a non-retiree 18 nonretiree beneficiary shall be eligible for the cost-of-living adjustment permanent 19 benefit increase: 20 (i) If benefits had been paid to the retiree, or the beneficiary, or both 21 combined, for at least one year; and. 22 (ii) In no event before the retiree would have attained age sixty. 23 (c) The provisions of Items (a)(ii) and (b)(ii) of this Paragraph shall not apply 24 to any person who receives disability benefits from this system or who receives 25 benefits based on the death of a disability retiree of this system. 26 D. The cost-of-living increase which is authorized by Subsection C of this 27 Section shall be limited to the lesser of either two percent or an amount determined 28 as provided in Subsection C of this Section in or for any year in which the system 29 does not earn an actuarial rate of return of at least seven percent interest on the Page 61 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 investment of the system's assets. 2 E. Effective July 1, 2007, the balance in the Employee Experience Account 3 experience account shall be zero. 4 F. In addition to the cost-of-living adjustment permanent benefit increase 5 authorized by Subsection C B of this Section, the board of trustees may grant a 6 supplemental cost-of-living adjustment permanent benefit increase to all retirees 7 and beneficiaries who are at least age sixty-five, which shall consist of an amount 8 equal to two percent of the benefit being received on the date of the adjustment 9 increase. In order to grant such supplemental cost-of-living adjustment permanent 10 benefit increase, the board of trustees shall recommend to the president of the 11 Senate and the speaker of the House of Representatives that the system be permitted 12 to grant such supplemental cost-of-living adjustment permanent benefit increase 13 to retirees and beneficiaries whenever the balance in the Employee Experience 14 Account experience account is sufficient to fully fund such benefit on an actuarial 15 basis, as determined by the system's actuary. If the legislative actuary disagrees with 16 the determination of the system's actuary, such supplemental cost-of-living 17 adjustment permanent benefit increase shall not be granted. The board of trustees 18 shall not grant such supplemental cost-of-living adjustment permanent benefit 19 increase unless such supplemental cost-of-living adjustment permanent benefit 20 increase has been approved by the legislature. Any such supplemental cost-of-living 21 adjustment permanent benefit increase paid on or before June 30, 2015, shall be 22 limited to and shall only be payable based only on an amount not to exceed 23 eighty-five thousand dollars of the retiree's annual benefit. Any such supplemental 24 cost-of-living adjustment permanent benefit increase paid on or after July 1, 2015, 25 shall be limited to and shall only be payable based only on an amount not to exceed 26 sixty thousand dollars of the retiree's annual benefit. Effective on and after July 1, 27 2007, and on or before June 30, 2015, the eighty-five thousand dollar limit shall be 28 increased each year in an amount equal to the increase in the consumer price index 29 (United States city average for all urban consumers (CPI-U)), as prepared by the Page 62 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED 1 United States Department of Labor, Bureau of Labor Statistics, CPI-U for the 2 preceding calendar year, if any. Effective on and after July 1, 2015, the sixty- 3 thousand sixty thousand dollar limit shall be increased each year in an amount equal 4 to the increase in the consumer price index (United States city average for all urban 5 consumers (CPI-U)), as prepared by the United States Department of Labor, Bureau 6 of Labor Statistics, CPI-U for the twelve-month period ending on the system's 7 valuation date, if any. Any cost-of-living adjustment permanent benefit increase 8 granted pursuant to the provisions of this Subsection shall begin on the July first 9 following legislative approval and shall be payable annually. 10 Section 2. R.S. 11:102(B)(3)(d)(v), (vi), (vii), and (viii), 542(G), 883.1(G) and (H), 11 1145.1(F), and 1332(G) are hereby repealed. 12 Section 3. In case of any conflict between the provisions of this Act and the 13 provisions of any other Act of the 2016 Regular Session of the Legislature, the provisions 14 of this Act shall supersede and control regardless of the order of passage. 15 Section 4. This Act shall become effective on June 30, 2016; if vetoed by the 16 governor and subsequently approved by the legislature, this Act shall become effective on 17 June 30, 2016, or on the day following such approval by the legislature, whichever is later. The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Margaret M. Corley. DIGEST SB 18 Reengrossed 2016 Regular Session Peacock Proposed law generally rearranges the content of present law to provide for ease of administration and clarification of certain actuarial concepts. Proposed law contains a few substantive changes, as further detailed in this digest. Unless otherwise indicated, the provisions of present law and proposed law apply to all four state retirement systems: (1)La. State Employees' Retirement System (LASERS) (2)Teachers' Retirement System of La. (Teachers' or TRSL) (3)La. School Employees' Retirement System (LSERS) (4)State Police Retirement System (Troopers) OVERVIEW Page 63 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED Present law, relative to state retirement systems, generally provides for determination of actuarial liabilities and calculations of payments to liquidate those liabilities. Provides for application of certain actuarial gains to help reduce the payments necessary to liquidate a system's liabilities, to reduce specific amortization bases of system debt, and for allocation to a side account (the experience account) designed to accumulate monies to fund benefit increases for retirees. Proposed law retains present law. Present law provides for determination of the amount and timing of permanent benefit increases (PBIs) for retirees, sometimes called cost-of-living adjustments or COLAs. Proposed law retains present law. SUBSTANTIVE CHANGES Present law, subject to certain caveats, provides for a schedule of maximum PBI amounts based on a system's funded percentage. The schedule ranges from a minimum of 1.5% for a system that is at least 55% funded but less than 65% funded to a maximum of 3.0% for a system that is at least 80% funded. Provides for other changes to be triggered by the system's funded percentage. Proposed law retains present law. Proposed law defines "funded percentage" for state systems. Provides that, except as otherwise provided by law, "funded percentage" means valuation assets used to determine contributions divided by accrued liability. Proposed law, for purposes of determining the maximum PBI within the schedule in present law, specifies that the funded percentage shall be determined before any allocation to the experience account. Present law provides that the amortization period for most actuarial changes, gains, or losses shall be permanently reduced from 30 years to 20 years in the June 30th system valuation following the fiscal year in which a system first attains a funded percentage of 85% or greater. Proposed law changes the trigger from 85% to 72% for LSERS and to 70% for the other three state retirement systems. Present law provides that, effective for the June 30, 2019 valuation, actuarial gains allocated to the experience account shall be amortized as a loss with level payments over a ten-year period. Proposed law provides for this ten-year loss amortization to begin with the first system valuation following June 30, 2015, in which an allocation is made to the system's experience account. Present law provides for multiple employer contribution rates at LASERS and Teachers' for the various specialty plans within each system. Proposed law retains present law and consolidates all K-12 employee groups at Teachers' into a single plan for rate purposes. Present law, relative to LASERS and Teachers', provides for special amortization bases called the original amortization base (OAB) and the experience account amortization base (EAAB). Provides for increasing payment schedules for these debts. Provides for application of annual "hurdle" payments, from investment earnings above a certain target, to extinguish Page 64 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED these debts. Proposed law retains present law. Present law provides for hurdle payments on LSERS' and Troopers' oldest debts. Proposed law retains present law. Present law provides that, after a hurdle payment is made, the net remaining debt to which the payment is applied to shall not be reamortized unless the system is 85% funded. Beginning in the 2020-2021 Fiscal Year, proposed law provides for reamortization of the net remaining OAB liability when moving to level-dollar payments ending in 2029 results in annual payments that are not more than the next annual payment otherwise required under present law. Proposed law provides that after a system first achieves a funded percentage of 80%, the debt to which any future hurdle payment is applied shall be reamortized over the remainder of the originally established amortization period. Until a system is 80% funded, proposed law further provides for reamortization of the net remaining liability after application of the hurdle payments in the 2019-2020 Fiscal Year and in every fifth fiscal year thereafter. Present law provides for the review of volatility of payment schedules with results reported to the Public Retirement Systems' Actuarial Committee by Nov. 1, 2019. Proposed law requires the review of volatility to be done following the close of Fiscal Year 2016-2017 and the report to be submitted by Nov. 1, 2017. NONSUBSTANTIVE CHANGES Present law provides for the following for each system: (A)A 30-year amortization period for certain changes, gains, and losses with level-dollar amounts. (B)A switch to a 20-year amortization period after a system attains a designated funded percentage. (C)Application of annual "hurdle" payments, from investment earnings above a certain target, to extinguish certain debts. (D)Indexing of hurdle payments by increasing them as the system's assets increase. (E) Reamortization of debts subject to the hurdle payments under certain circumstances after a system attains a designated funded percentage. (F)Ten-year amortization of losses due to experience account allocations. (G)Five-year amortization of certain gains recognized in the 2014 valuation. Proposed law retains present law. Present law, relative to LSERS, provides for: (H)The application of residual experience account funds on June 30, 2014, as a part of: Page 65 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED (I)The consolidation of existing amortization bases. Proposed law retains present law. Present law, relative to LASERS and Teachers', provides that: (J)After the OAB is liquidated, the payments that had been applied to the OAB shall be added to the hurdle payments to the EAAB. (K)After the EAAB is liquidated, the payments that had been applied to the EAAB shall be applied to the next oldest outstanding amortization base of debt. Proposed law retains present law. Present law provides for (L) a volatility review of future payment schedules for each system. Proposed law retains present law. Proposed law relative to the experience account at each system provides for: (M)Credits and debits to the account. (N)A schedule of maximum PBIs based on funded status. (O)Payment of "partial" PBIs in certain circumstances when funds are not available for a "full" PBI. (P)PBIs only every other year until a threshold of funding is attained. Proposed law retains present law. A table of the major present law provisions that were relocated is below. PROVISION SYSTEM PRESENT LAW PROPOSED LAW A LASERS R.S. 11:102(B)(3)(d)(v)(aa)(I) R.S. 11:102(C)(2)(a) TRSL R.S. 11:102(B)(3)(d)(vii)(aa)(I) R.S. 11:102(D)(2)(a) LSERS R.S. 11:102(B)(3)(d)(vi)(aa)(I) R.S. 11:102(E)(1) TroopersR.S. 11:102(B)(3)(d)(viii)(aa)(I) R.S. 11:102(F)(1) B LASERS R.S. 11:102(B)(3)(d)(v)(aa)(II) R.S. 11:102(C)(2)(b) TRSL R.S. 11:102(B)(3)(d)(vii)(aa)(II) R.S. 11:102(D)(2)(b) LSERS R.S. 11:102(B)(3)(d)(vi)(aa)(II) R.S. 11:102(E)(3) TroopersR.S. 11:102(B)(3)(d)(viii)(aa)(II) R.S. 11:102(F)(2) C LASERS R.S. 11:102(B)(3)(d)(v)(bb)(I)&(II) R.S. 11:102.1 TRSL R.S. 11:102(B)(3)(d)(vii)(bb)(I) R.S. 11:102.2 LSERS R.S. 11:102(B)(3)(d)(vi)(bb)(I)&(II) R.S. 11:102.3 TroopersR.S. 11:102(B)(3)(d)(viii)(bb)(I)&(II)R.S. 11:102.4 D LASERS R.S. 11:102(B)(3)(d)(v)(bb)(I)&(II) R.S. 11:102.1(A)(4) TRSL R.S. 11:102(B)(3)(d)(vii)(bb)(I)&(II) R.S. 11:102.2(A)(4) LSERS R.S. 11:102(B)(3)(d)(vi)(bb)(II) R.S. 11:102.3(A)(1)(b) Page 66 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED PROVISION SYSTEM PRESENT LAW PROPOSED LAW TroopersR.S. 11:102(B)(3)(d)(viii)(bb)(II) R.S. 11:102.4(A)(1)(b) E LASERS R.S. 11:102(B)(3)(d)(v)(bb)(I)&(II) R.S. 11:102.1(A)(4)(h) TRSL R.S. 11:102(B)(3)(d)(vii)(bb)(I)&(II) R.S. 11:102.2(A)(4)(h) LSERS R.S. 11:102(B)(3)(d)(vi)(bb)(II) R.S. 11:102.3(A)(5) TroopersR.S. 11:102(B)(3)(d)(viii)(bb)(II) R.S. 11:102.4(A)(5) F LASERS R.S. 11:102(B)(3)(d)(v)(cc) R.S. 11:102(C)(2)(c) TRSL R.S. 11:102(B)(3)(d)(vii)(cc) R.S. 11:102(D)(2)(c) LSERS R.S. 11:102(B)(3)(d)(vi)(cc) R.S. 11:102(E)(4) TroopersR.S. 11:102(B)(3)(d)(viii)(cc) R.S. 11:103(F)(3) G LASERS R.S. 11:102(B)(3)(d)(v)(dd) R.S. 11:102.5 TRSL R.S. 11:102(B)(3)(d)(vii)(dd) R.S. 11:102.5 LSERS R.S. 11:102(B)(3)(d)(vi)(dd) R.S. 11:102.5 TroopersR.S. 11:102(B)(3)(d)(viii)(dd) R.S. 11:102.5 H LSERS R.S. 11:102(B)(3)(d)(vi)(ee)(I) R.S. 11:102(E)(2)(b) I LSERS R.S. 11:102(B)(3)(d)(vi)(ee)(II) R.S. 11:102(E)(2)(a) J LASERS R.S. 11:102(B)(3)(d)(v)(bb)(I) R.S. 11:102.1(A)(4)(c)(iii), (iv)&(v) TRSL R.S. 11:102(B)(3)(d)(vii)(bb)(II) R.S. 11:102.2(A)(4)(c)(iii), (iv)&(v) K LASERS R.S. 11:102(B)(3)(d)(v)(bb)(II) R.S. 11:102.1(D) TRSL R.S. 11:102(B)(3)(d)(vii)(bb)(II) R.S. 11:102.2(A)(4)(e)&(D) L all R.S. 11:102.3 R.S. 11:102.6 M LASERS R.S. 11:542(A)(2)&(B) R.S. 11:542(B)(2)&(3) TRSL R.S. 11:883.1(A)(2)&(B) R.S. 11:883.1(B)(2)&(3) LSERS R.S. 11:1145.1(A)(1) R.S. 11:1145.1(A)(1)&(2) TroopersR.S. 11:1332(A)(1) R.S. 11:1332(A)(1)&(2) N LASERS R.S. 11:542(C)(2) R.S. 11:542(D) TRSL R.S. 11:883.1(C)(2) R.S. 11:883.1(D) LSERS R.S. 11:1145.1(C)(2) R.S. 11:1145.1(C) TroopersR.S. 11:1332(C)(2) R.S. 11:1332(C) O LASERS R.S. 11:542(G) R.S. 11:542(D)(4) TRSL R.S. 11:883.1(H) R.S. 11:883.1(D)(4) LSERS R.S. 11:1145.1(F) R.S. 11:1145.1(C)(4) TroopersR.S. 11:1332(G) R.S. 11:1332(C)(4) P LASERS R.S. 11:542(C)(2)(e) R.S. 11:542(D)(1)(b) Page 67 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 18 SLS 16RS-79 REENGROSSED PROVISION SYSTEM PRESENT LAW PROPOSED LAW TRSL R.S. 11:883.1(C)(2)(e) R.S. 11:883.1(D)(1)(b) LSERS R.S. 11:1145.1(C)(2)(e) R.S. 11:1145.1(C)(1)(b) TroopersR.S. 11:1332(C)(2)(e) R.S. 11:1332(C)(1)(b) Proposed law specifies that if the provisions of proposed law conflict with the provisions of any other Act of the 2016 Regular Session, the provisions of proposed law shall supersede and control regardless of the order of passage. Effective June 30, 2016. (Amends R.S. 11:102(B)(1), (2), (3)(intro para), (a), (b), (c), and (d)(intro para), (i), (ii), (iii), and (iv), (4), and (5)(a) and (b), (C), and (D), 102.1(B)(2)(b), (3)(a)(i), (4), (5), and (6) and (C)(2), (3)(a) and (c), (4), (5), and (6), 102.2(B)(2)(a), (3)(a)(i), (4), and (5) and (C)(2), (3)(a) and (c), (4), (5), and (6), 102.3, 542(A), (B), (C), (E), and (F), 883.1(A), (B), (C), (E), and (F), 927(B)(2)(a)(intro para) and (i) and (b)(i) and (3)(a), 1145.1(A), (B), (C), (D), and (E), and 1332(A), (B), (C), (D), (E), and (F); adds R.S. 11:23, 102(E) and (F), 102.1(A)(4), (B)(3)(a)(iv), and (D), 102.2(A)(4), (B)(3)(a)(iv), and (D), 102.4, 102.5, 102.6, 542(D), and 883.1(D); repeals R.S. 11:102(B)(3)(d)(v), (vi), (vii), and (viii), 542(G), 883.1(G) and (H), 1145.1(F), and 1332(G)) Summary of Amendments Adopted by Senate Committee Amendments Proposed by Senate Committee on Retirement to the original bill 1. Defines "funded percentage." 2. Provides that when LASERS, TRSL, and Troopers are 70% funded the amortization period for most actuarial changes, gains, and losses shall be reduced from 30 years to 20 years. Further provides that when LSERS is 72% funded the amortization period for most actuarial changes, gains, and losses shall be reduced from 30 years to 20 years. 3. Until a system is 80% funded, provides for reamortization after application of the hurdle payments in the 2019-2020 Fiscal Year and in every fifth fiscal year thereafter. 4. Beginning with the 2020-2021 Fiscal Year, provides for reamortization of the OAB payments when moving to level-dollar payments results in annual payments ending in 2029 that are not more than the next annual payment otherwise required under present law. 5. Removes prescribed order in which credits and debits are to be made to the experience account. 6. Makes technical changes. Summary of Amendments Adopted by Senate Senate Floor Amendments to engrossed bill 1. Makes technical changes. Page 68 of 68 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.